IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 713 of 2010() ---------------------- OPMV.2747/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONERS ------------------------- MARY ANTONY, ALIAS MARY JOSEPH, AGED 51 YEARS, W/O. M.A.JOSEPH, MANPURACKAL HOUSE, NEAR MOSQUE, VENNALA.P.O., COCHIN-28. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.RANJITH K.R. RESPONDENT(S): --------------- 1. M.A.AUGUSTINE, MUKKADAYIL HOUSE, MEKKARA, TRIPUNITHURA. 2. THAMPI ANTONY, S/O. ANTONY, C/O. M.A.AUGUSTINE, MUKKADAYIL HOUSE, MEKKARA, TRIPUNITHURA. 3. NATIONAL INSURANCE CO. LTD., BY ITS REGL. MANAGER, REGL. OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 713 of 2010 & C.M.Appln.No. 916 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of May, 2010 Judgment Basheer, J: The prayer in this application filed under section 5 of the Limitation Act is to condone the delay of 1478 days in filing the appeal. Admittedly the award was passed by the Tribunal on May 21, 2005 . But according to the petitioner she and her husband both of whom are employed were busy with the admission of their daughter in the Engineering College at Kalady during August 2005. Her elder son has also been studying for Engineering which necessarily meant that huge expenditure had to be incurred. Further, in 2007 when she received the amount awarded by the Tribunal she had paid off the small hand loans which she had availed of. In 2008 her husband had to undergo some Ayurveda treatment. It is the case of the petitioner that at last in June 2009 she met her counsel before the Tribunal and made arrangements for obtaining a copy of the award. Copy of the award was received on November 9, 2009 and the appeal has been filed on January 25, 2010. MACA.713/2010. : 2 : 2. We have carefully perused the so called reasons stated by the petitioner for condonation of the inordinate delay of 1478 days. We are not at all satisfied with the above explanation. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. SD/- A.K. Basheer Judge. SD/- P.Q. Barkath Ali Judge. an.