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 3RD JUNE 2010 / 13TH JYAISTHA 1932 MACA.No. 740 of 2010() ---------------------- OPMV.1049/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER ------------------------ SUDHEESH CHANDRAN,S/O.CHANDRAN, VELLAPPALLIL HOUSE,MAZHUVANAKUNNU KARA, ETTUMANOOR VILLAGE. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): RESPONDENTS -------------------------- 1. SABU KURIAKOSE,S/O.KURIAKOSE, KATHANADAM HOUSE,PULIYANAM,POST AND KARA, ANGAMALY PARAKADAVU VILLAGE,ERNAKULAM DISTRICT. 2. SREEKUMARI.T.G,KARTHIKA,ROMIN VILLA, PALAT LANE,MAMANGALAM,EDAPALLY.POST,COCHIN-24. 3. THE UNITED INDIA INSURANCE CO.LTD, REPRESENTED BY ITS MANAGER,VETTUKATTIL BUILDINGS, M.G.ROAD,ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.958 OF 2010 & M.A.C.A. No.740 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 377 days in filing the appeal. 2. The impugned award was passed by the Tribunal on October 23, 2008. It is admitted by the petitioner/appellant that certified copy of the award was delivered to his counsel on December 1, 2008. In January 2009, he met his counsel and “after discussion, it was agreed that an appeal shall be filed before the Honourable High Court of Kerala”. His counsel assured him that he would take steps to prefer the appeal. Therefore, petitioner handed over necessary papers to file the appeal. During the second week of February 2010, he met his counsel in connection with making arrangements for withdrawal of the amount in deposit. At that time only he knew that the counsel had not taken any steps to file the appeal. Having perused the averments in the affidavit, we are not at all MACA.No.740/2010 2 satisfied with the so called explanation offered by the petitioner to condone the inordinate delay of 377 days. Therefore, the delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.740/2010 2