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 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 381 of 2010() ---------------------- OPMV.2797/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ ABDUL MUNEER S/O.MUHAMMED, AGED 21 YEARS, RESIDING AT KOLLARUKANDY HOUSE, PO OMASSERY, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. SAJITHA, AGE NOT KNOWN, RESIDING AT THAYYIL THODUKAYIL HOUSE, 3/200, P.O.KAKKODI, KOZHIKODE. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No. 481/2010 & M.A.C.A. No.381 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4rd day of March, 2010 JUDGMENT Basheer, J. Having perused the averments in the affidavit filed in support of the application for condonation of delay, we are not at all satisfied with the explanation offered . 2. According to the petitioner, he was “away from home” doing some business outside Kerala at the time when the award was passed on January 2, 2008. When he contacted his lawyer “ after a few weeks”, he came to know that the Tribunal had already passed the award. Immediately, he requested his counsel to apply for a certified copy of the award. Thus, according to him, delay of 454 days has occurred. 3. Curiously, this appeal is seen to have been filed along with a “Free copy” of the award on 04/01/2010, though even admittedly, the petitioner had requested his counsel to take steps to get certified copy of the award way back in 2008. It is seen from the endorsement that the MACA.No.381/2010 2 free copy was ready on July 9, 2008 itself. There is absolutely no explanation for the delay of two years between 2008 and 2010. We are not at all satisfied with the explanation. Therefore, the application for condonation of delay is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.381/2010 2