IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA.No. 2509 of 2010() ----------------------- ( O.P(MV)NO.218/2002 OF MACT, KALPETTA) APPELLANT(S): PETITIONER: ------------------------- K.SADARUDHEEN, AGED 36 YEARS, S/O.MUHAMMEDKUTTY, LUBAIDA MANZIL, PULIKKAL POST, MALAPPURAM DISTRICT-673 637, NOW WORKING AT WOHSS, POST VENGAPALLY, PINANGODE, WAYANAD DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICE, KUNNUKUZHI P.O., THIRUVANANTHAPURAM, PIN-695 037. 2. BABURAJ, S/O.KUNJIKRISHNAN, AANAMCHUVADU HOUSE, ALANCHERY POST, ALANCHERY AMSOM, MELLAMUNDA, WAYANAD, PIN-670 650. 3. THE DISTRICT INSURANCE OFFICER, KERALA STATE INSURANCE DEPARTMENT, DISTRICT INSURANCE OFFICE, OPP.TOWN HALL, KALPETTA POST, WAYANAD DISTRICT, PIN-673 121. BY GOVT. PLEDER SRI.T.B.REMANI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.3255 of 2010 & M.A.C.A.No.2509 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 769 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 7, 2008. It is seen admitted by the petitioner/appellant himself that copy of the award was received by his counsel on August 19, 2008 and that the counsel had informed him by post that the copy had been received already. But according to the petitioner, he had gone to Malappuram at that time and therefore he did not receive the communication sent by his counsel. When he went to the office of his counsel to enquire about the case on October 30, 2010, he came to know that his counsel had already sent a communication to him. Petitioner/appellant is a resident of Wayanad district. The case of the petitioner is that he could not get the communication sent by his counsel since he had gone to Malappuram. MACA.No.2509/2010 2 Having perused the averments in the affidavit, we are not at all satisfied with the so called explanation offered for the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2509/2010 2