IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 MACA.No. 774 of 2011() ---------------------- ( O.P.(MV)NO.266/2000 OF MACT, MAVELIKARA) APPELLANT/ PETITIONER ------------------------ MOHANAN, S/O. KUTTAPPAN, ODAMPALLIL THEKKETHIL, EREZHA NORTH, KANNAMANGALAM VILLAGE, P.O.CHETTIKULANGARA. BY ADV. SRI.S.MOHANAN RESPONDENTS/RESPONDENTS --------------- 1. N. PADMAKUMARAN, JAYA NIVAS, EREZHA NORTH, CHETTIKULANGARA.P.O. 2. BHARGAVAN, S/O. NARAYANAN, EDAYASSERIL VEEDU, EREZHA NORTH, KANNAMANGALAM VILLAGE, CHETTIKULANGARA.P.O. 3. THE NEW INDIA ASSURANCE CO. LTD., 1ST FLOOR, R.B. TOURIST COMPLEX, K.P.ROAD, KAYAMKULAM REP. BY THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., ERNAKULAM DIVISION, KOTTAKKAL ARYAVAIDYASALA BUILDING,OPP:HOTEL DWARAKA, M.G.ROAD, ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1231 OF 2011 IN M.A.C.A.No.774 OF 2011 & M.A.C.A.No.774 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 360 days in filing the appeal. 2. The impugned award was passed by the Tribunal on December 28, 2009. But according to the petitioner/appellant during that period he had been in and out of hospital, undergoing treatment. Further, he did not have sufficient money with him to prefer the appeal. 3. It is seen from the endorsements on the certified copy that the application was filed only on March 14, 2011, nearly 15 months after the passing of the award. No materials have been produced to show that he had been in fact totally bed ridden because of the injuries which, as could be seen from the award, do not appear to have been sufficient enough to disable him totally. Having perused the averments in the affidavit filed in support of MACA.No.774/2011 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.774/2011 2 MACA.No.774/2011 2