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 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 452 of 2010() ---------------------- OPMV.500/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): PETITIONER ------------------------ SUJITH S/O. VELAYUDHAN, KUNIYYIL HOUSE, POST-VAKAYADE, THRIKKUTISSERY, BALUSSERI, KOZHIKODE. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): RESPONDENTS --------------- 1. CHANDUKKUTTY S/O. ANDI, MADAMBATH-HOUSE, PO-ERAVANNUR, NARIKKUNI, KOZHIKODE DIST. 2. SREEDHARAN, S/O. UNICHATHU, PUTHIYOTTIL HOUSE, VENGERI AMSOM DESAM, POST-VENGERI, KOZHIKODE DIST. 3. THE ORIENTAL INSURNCE CO. LTD., BRANCH OFFICE, KINGS WAY BLDG., MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.452 OF 2010 & C.M.Appln.No.564 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 2415 days in filing the appeal. 2. The award was passed by the Tribunal way back on February 25, 2003. It is seen from the certified copy of the award that it was delivered to the counsel for the appellant on August 11, 2003. 3. According to the petitioner, even though he was advised that appeal has to be filed against the award, he was under the impression that it would be done by his counsel who appeared for him before the Tribunal. But when he enquired about the same later, he came to know that nothing had been done. Therefore, he collected the case bundle and took steps to file the present appeal. 4. We are not at all satisfied with the so called explanation offered by the petitioner. We do not find any reason to condone the inordinate delay of 2415 days . MACA.No.452/2010 2 The delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.452/2010 2