IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 MFA.No. 1078 of 2002() ---------------------- OPMV.690/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): RESPONDENTS 6 & 7: --------------------------------------------------------- 1. ANNAMMA @ MEENA, W/O.LATE BABU, MADANCHIRAYIL HOUSE, NEAR COOL FARM, COLLECTORATE P.O., KOTTAYAM. 2. SIBI (MINOR) S/O.LATE BABU BY GUARDIAN, MOTHER, APPELLANT NO.1. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS RESPONDENT(S): PETITIONERS & RESPONDENTS 1 TO 5: ---------------------------------------------------------------------------------------- 1. LAISAMMA, W/O.BABU, MADACHIRAYIL HOUSE, P.O.KUNDUKADU, TRICHUR DT. 2. BOBY, S/O.BABU (MINOR) 3. SONI, S/O.DO. (DO.) BY GUARDIAN MOTHER, 1ST RESPONDENT. 4. PADMANABHAN, S/O.APPUNNI NAIR, SREENILAYAM, PERINGAVU P.O.,THRISSUR DT. 5. PRADEEP, S/O.RAMAKRISHNAN, MELUVALAPPIL HOUSE, PERINGAVU P.O.,TRICHUR DISTRICT. 6. THE ORIENTAL INSURANCE CO., TRICHUR. 7. MARIYAMMA CHACKO, W/O.M.C.CHACKO, MADANCHIRAYIL HOUSE, NEAR COOL FARM, COLLECTORATE P.O., KOTTAYAM DISTRICT. 8. ABI, (MINOR) BY GUARDIAN 7TH RESPONDENT ADV. SRI. GEORGE CHERIAN (THIRUVALLA) FOR R6 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J & THOMAS P. JOSEPH, J. -------------------------------------- M.F.A.No.1078 of 2002 and C.M.P.No.6596 of 2002 ------------------------------------- Dated 16th December, 2008 JUDGMENT Koshy,Ag.C.J . C.M.P.No. 6596 of 2002 is a petition to condone the delay of one year and 119 days in filing the appeal. It is stated that the appellant could not make enquiries in the office of the counsel. The counsel met with an accident and recovered only recently. Thereafter alone, arrangements were made for getting certified copy of the award. Award was passed on 2nd March, 2001. Certified copy was applied for, only on 13.5.2002 after a lapse of one year and two months. It is not stated when the accident occurred to the advocate and when he recovered, etc. It is also stated that copy was ready and the date fixed for appearance was 3.6.2002, but, copy was received only on 2.8.2002. Appeal was filed on 10.10.2002. We are of the opinion that the long delay in filing the appeal is not explained. No satisfactory reasons are stated to condone the long delay in filing the appeal. Even notice to the respondents are not served. In these circumstances, the delay condonation petition is dismissed. Consequently the appeal is also dismissed. J.B.KOSHY ACTING CHIEF JUSTICE THOMAS P. JOSEPH JUDGE tks