IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 MACA.No. 1933 of 2010() ----------------------- OPMV.104/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): PETITIONER ------------------------ SALIM, S/O. KOYAKUTTY, CHEKKUMVILAYIL, NEAR MARKET, PUNALUR. BY ADV. SRI.MANOJ RAMASWAMY SMT.MERIL MUTHU P.JOHN RESPONDENT(S): RESPONDENTS --------------- 1. B.SINI, ASUPATHRI PADINJATTATHIL, PUNALUR-671305. 2. REJI, S/O. RESHEEDU, RESHEEDU VILASOM, BHARANIKKAVU, PUNALUR-671305. 3. UNITED INDIA INSURANCE CO. LTD., PUNALUR-671305. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.2469 of 2010 & M.A.C.A.No.1933 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 1330 days in filing the appeal. 2. The impugned award was passed by the Tribunal on October 13, 2006. But according to the petitioner, he could not file the appeal within the period of limitation since he had been undergoing treatment under an Ayurvedic Medical Practitioner. He was suffering from “acute pain on his arm and other related complaints”. He further asserts that he was completely bedridden and was not in a position to move about. It was for that reason he could not file the appeal. The endorsements on the free copy of the award will show that the copy had been issued on April 25, 2007. There is absolutely no satisfactory explanation for the inordinate delay. The so called explanation offered in the affidavit cannot be accepted at all. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.