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 8TH JULY 2010 / 17TH ASHADHA 1932 MACA.No. 1175 of 2010() ----------------------- OPMV.913/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): PETITIONER -------------- UNNIKRISHNAN C.K.S/O.KOCHU BAVA, CHETTIPARAMBIL HOUSE, MALIPPURAM P.O.,VALAPPU KADAPPURAM. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN RESPONDENT(S): RESPONDENTS --------------- 1. K.P.KUTTAN,KADUVANGASSERY HOUSE, PALLIPPURAM,ERNAKULAM DISTRICT. 2. LAIJU, S/O.KUTTAN, KADUVANGASSERY HOUSE, KOVILKKATHU KADAVU, PALLIPPURAM VILLAGE, 3. UNITED INDIA INSURANCE CO.LTD., MUNICIPAL BUILDING, MAIN ROAD, N.PARAVOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1492 OF 2010 IN M.A.C.A.No.1175 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 227 days in filing the appeal. The impugned award was passed by the Tribunal on April 29, 2009. In the affidavit filed in support of the application for condonation of delay, it is averred by the petitioner/appellant that he could not take steps to file the appeal since he was undergoing Ayurvedic treatment for back pain. It is admitted by the petitioner that he had received the copy of the award in October 2009 itself. But the appeal is seen to have been filed in June 2010. The so called explanation offered for condonation of the delay is not at all satisfactory. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1175 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2010 ORDER Basheer, J. In view of the dismissal of C.M.Appln.No.1492 of 2010, this appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.