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 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 713 of 2011() ---------------------- OPMV.588/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ PETITIONER ------------------------ PRAVEEN, S/O.NANDANAN, PAYYAPPAT HOUSE, MANAKODY, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS/ RESPONDENTS -------------------------- 1. NANDANAN, S/O.VELAYUDHAN, PAYYAPPAT HOUSE, MANAKODY, THRISSUR. 2. NATIONAL INSURANCE CO.LTD., REP.BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, THRISSUR-1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1150 OF 2011 IN M.A.C.A.No.713 OF 2011 & M.A.C.A.No.713 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 553 days in filing the appeal. 2. The impugned award was passed by the Tribunal on June 29, 2009. But according to the petitioner/appellant, during that period, he was away in Bombay in connection with his employment and therefore he could not contact his counsel and instruct him to file the appeal. When he came on leave, he contacted his counsel in January 2011 and the copy of the award was obtained thereafter. But he could not come down to his native village since he did not get leave. Ultimately, in the first week of April 2011, he made arrangements to file the appeal. Thus the delay of 553 days has occurred in filing the appeal. Having perused the averments in the affidavit filed in support of MACA.No.713/2011 2 the application, we are not at all satisfied with the so called explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.713/2011 2 MACA.No.713/2011 2