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 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 505 of 2006 -------------------------------------- OPMV.846/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/PETITIONER ----------------------------------------- T.ALI, AGED 24 YEARS, S/O.AMMED, THOTTOLI HOUSE, POST THARUVANA, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS --------------------------------------------------- 1. K.T.JOHNSON, AGED 35 YEARS, S/O.THOMAS, KIZHAKKEKUTTE HOUSE, THALIPARAMBA, NOW RESIDING AT ABOOKATTIL, KANIYARAM, MANANTHAVADY (DRIVER OF LORRY NO.KLN 2122, D.L.NO NOT KNOWN). 2. K.KHADER, AGE NOT KNOWN, FATHERS NAME NOT KNOWN, SAJITH MANZIL, POST SIVAPURAM, THALASSERY. (OWNER OF LORRY NO.KLN 2122). 3. UNITED INDIA INSURANCE CO.LTD., KALPETTA (INSURER OF LORRY AS WELL AS AUTORICKSHAW POLICY NO.NOT KNOWN). 4. A.R.SALAM, AGE NOT KNOWN, S/O.AMMAD, CHANKAROTH HOUSE, POST THARUVANA, MANANTHAVADY. (DRIVER OF THE AUTORICKSHAW NO KL-12/6824, D.L.NO.NOT KNOWN). 5. ABDULLA, AGE NOT KNOWN, S/O.IBRAHIM, CHANKAROTH HOUSE, POST THARUVANA, MANANTHAVADY, (OWNER OF THE AUTORICKSHAW NO. KL-12/6824). ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.639 OF 2006 & M.A.C.A.No.505 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of May 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 1178 days in filing the appeal. 2. We have carefully perused the averments in the affidavit filed in support of the application. What is stated by the petitioner is that he got a copy of the award very late and after entrusting the same to his counsel for filing the appeal the counsel met with an accident. Thus, there occurred a delay of 1178 days in filing the appeal. The affidavit is totally unsatisfactory and the inordinate delay has not been properly explained at all. Therefore, we do not find any reason to condone the delay. The application is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes