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 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 MACA.No. 2442 of 2010() ----------------------- OPMV.893/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER -------------- KUNHALASSAN ALIAS HASSAN S/O AHAMEKUTTY MOOTTAPARAMBIL HOUSE OTHUKKUNGAL, MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS --------------- 1. ABDUL RAZAK, S/O KUNHIMOIDEENKUTTY KOOPPATHADAN HOUSE, PONMALA AMSOM DESOM PONMALA POST, MALAPPURAM DISTRICT , PIN 676 528 2. K.T.ABDULLAKUTTY, KOONARI THOOMBATH HOUSE KARUNIYAPARAMA, MATTATHOOR POST MALAPPURAM DISTRICT, PIN 676 528 3. THE HEAD MASTER, DAHWATH NURSERY AND ENGLIGH MEDIUM SCHOOL, OTHUKKUNGAL MALAPPURAM DISTRICT, PIN 676 528 4. UNITED INDIA INSURANCE COMPANY LTD, DIVISIONAL OFFICE, COURT ROAD, MANJERI MALAPPURAM DISTRICT, PIN 676 121 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.3164 of 2010 & M.A.C.A.No.2442 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 623 days in filing the appeal. 2. The impugned award was passed by the Tribunal on December 1, 2008. It is admitted by the petitioner that copy of the award was received on December 20, 2008 itself. But according to him, he could not make arrangements to file the appeal because of financial difficulty. He further states that he had to spend huge amount for his treatment. 3. Having perused the averments in the affidavit filed in support of the application, we are not at all satisfied with the so called explanation offered by the petitioner. Nevertheless, we have perused the impugned award as well. Considering the nature of the injuries, the Tribunal, in our view, has awarded just and reasonable compensation. As against a claim of Rs. 2,00,000/-, the Tribunal is seen to have MACA.No.2442/2010 2 awarded Rs. 1,33,505/- with interest and cost. In that view of the matter also, the award does not call for any interference. In any view of the matter, the delay has not been explained properly. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2442/2010 3