IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 1669 of 2008() ------------------------------ OPMV.408/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/PETITIONER:- ------------------------------- KUNHIMOIDEEN, S/O MOHAMMED HAJI, PUTHUPARAMBIL HOUSE, THIRUNAVAYA AMSOM, KARATHUR DESOM, CODAKAL POST, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SHIHAD, S/O MOHAMMED ABDUL KHADER, PATTATHIL HOUSE, VAKKAD P.O.,' TIRUR TALUK, MALAPPURAM DISTRICT. 2. V.E.O MUSTHAFA, S/O ABDULLA, VADAKKEY VEETTIL KOTTAYIL HOUSE, POST PARAVANNA, TIRUR TALUK, MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE ARAFA BUILDIN, COURT ROAD,MANJERI. 4. UMMERKUTTY, S/O NAFEESA, PATTUPARAMBIL HOUSE, CODAKAL P.O., TIRUR TALUK, MALAPPURAM DIST. 5. MARIYAKUTTY, W/O KUNHALAVI,NAMBIDY VEETTIL HOUSE, KARATHUR, CODAKAL P.O.,TIRUR TALUK, MALAPPURAM DISTRICT. 6. THE NEW INDIA INSURANCE COMPANY, LTD., DIVISIONAL OFFICE, SILVER PLAZA, CHEROOTTY ROAD, KOZHIKODE. R2 BY ADV. SRI.SAJU J.VALLYARA R3 BY ADV. SRI.RAJESH THOMAS R6 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs A.K.BASHEER & P.Q. BARKATH ALI, JJ. ================================ C.M.A.No.1646 of 2008 AND M.A.C.A. No.1669 of 2008 ================================= Dated this the 9th day of February, 2011 J U D G M E N T A.K.BASHEER , J. The prayer in this application, filed under section 5 of Limitation Act, is to condone the delay of 625 days that occurred in filing the appeal. 2. The impugned award was passed by the Tribunal way back on July 11, 2006. But according to the petitioner/appellant the free copy of the award which was obtained from the Tribunal was entrusted to the clerk of the counsel for taking steps to file the appeal. The clerk informed the petitioner that steps had already been taken and a counsel had been engaged. But when enquiries were made, it was revealed that no appeal had been filed. It was also revealed that the copy of the award was misplaced by the clerk. Thereafter another clerk was engaged to obtain a certified copy of the award. The copy was received on May 19, 2008. However, the communication sent by the clerk to 2 C.M.A.No.1646 of 2008 AND M.A.C.A. No.1669 of 2008 the petitioner/appellant, never came to him. Later, the petitioner contacted the clerk and collected the copy of the award. Immediately thereafter this appeal has been preferred, avers the petitioner. 3. 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 so called explanation offered in the application to condone the inordinate delay. Therefore the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE ami/