IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 MACA.No. 2835 of 2009() ----------------------- OPMV.20/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): (PETITIONER) -------------------------- UNNIKRISHNAN, AGED 37 YEARS, S/O. LATE DIVAKARAN, ERAVIYAZHATH HOUSE, PALLIKARA P.O., NEAR P.S.C.KASARGODE, KASARGODE DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENT(S): (RESPONDENTS) ---------------------------- 1. BINU, AGE NOT KNOWN, S/O. RAJAPPAN, KULAYAKOTTATHIL HOUSE, ANCHUKUNNU AMSOM, EACHOM POST, MANANTHAVADY TALUK, WAYANAD DISTRICT. (DRIVER OF JEEP NO.KL-12/A 2014, DL.NO.NOT KNOWN.) 2. RADHALAKSMI VARASIAR, AGE NOT KNOWN, W/O. DAMODHARAN MARRAR, PULLERIKUNNU-PUTHIYAVEEDU, EACHOM POST, MANANTHAVADY TALUK, WAYANAD DISTRICT. (OWNER OF THE JEEP NO.KL-12/A 2014). 3. NEW INDIA ASSURANCE CO. LTD., KALPETTA. (INSURER OF THE JEEP KL-12/A 2014, LOCAL BRANCH OF THE INSURER, KASARGODE BRANCH, POLICY NO. NOT NOT KNOWN.) ADV. SMT.CELINE JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M. Appln.No.3344 of 2009 & M.A.C.A. 2835 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th 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 733 days in filing the appeal. Admittedly the award was passed on May 29, 2007. It is seen from the endorsement on the copy of the award that the copy was ready on August 10, 2007. But the petitioner/appellant took the copy from the 'Tribunal only on July 1, 2009. It is stated by the appellant that the letter sent by his counsel was not received by him and it is thus that the delay has occurred. 2. Having carefully perused the averments in the affidavit , we are not at all satisfied with the so called explanation offered by the petitioner/appellant. Therefore the petition for condonation of delay is dismissed. Accordingly the appeal is also dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.