IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 MACA.No. 999 of 2010() ---------------------- OPMV.686/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER ------------------------ ARUN S.MOHANKUMAR, S/O.SUSEELAN NAIR, AGED 31, ARUN NIVAS, ARUMANOOR, AYARKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.SHIJU VARGHEESE SRIPRAMOJ ABRAHAM SRI.RENDEEP PREM RESPONDENT(S): RESPONDENTS 1 AND 3 ---------------------------------- 1. SHAJI JOSEPH, S/O.JOSEPH, VATTAKUNNEL HOUSE, KONNACKAMALIL KARA, VATHIKUZHY VILLAGE, NOW IDUKKI DISTRICT. 2. SHAJI PAUL, S/O.PAUL, KADUTHODIL HOUSE, ANTHINADU.P.O, KOLLAPPALLY, KOTTAYAM DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD., REP.BY ITS BRANCH MANAGER, CHERUPUZHPAM BUILDING, PALA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.1273/2010 & M.A.C.A. 999 OF 2010 -------------------------------------------------------- Dated: AUGUST 2, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 340 days in filing the appeal. 2. The impugned award was passed by the Tribunal on January 12, 2009. It is admitted by the petitioner that his counsel had informed him about the passing of the award. It is also seen admitted that the copy of the award was received on February 5, 2009. 3. But, according to the petitioner, he was not in a position to move freely because of the gravity of the injury (it may be noticed that the alleged accident occurred in the year 2007). It is further stated by the petitioner that he was not familiar with Ernakulam and therefore he “took time” to engage a counsel. It is thus that the delay of 340 days has occurred, avers the petitioner. 4. Having perused the averments in the affidavit filed in C.M.APPLN.1273/2010 & M.A.C.A. 999 OF 2010 2 support of the application for condonation of delay, we are not satisfied that the delay can be condoned. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-