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 2ND JUNE 2010 / 12TH JYAISTHA 1932 MACA.No. 826 of 2010() ---------------------- OPMV.284/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER. ----------------------------------- M.B.MANOJKUMAR, S/O.BABU, MANGAD HOUSE, KALLUMATTAMKUNNU, ERUMATHERUVU,MANATHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS. --------------------------------------- 1. SUDHEESH.K.P., S/O.CHELLAPPAN, KOLATHIPARAMBIL HOUSE, NAYARAKKAL, ERNAKULAM DISTRICT. 2. P.K.VIJAYAN, S/O.KUNJU NAIR, PUTHENVEETTIL HOUSE,NAYARAKKAL, ERNAKULAM DISTRICT. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. BRANCH OFFICE, NORTH PARAVOOR, ERNAKULAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------- C.M.Appln.1065/2010 and M.A.C.A. 826 of 2010 ------------------------------------------------------------- Dated: JUNE 2, 2010 JUDGMENT Basheer, J. In this application filed under sec.5 of the Limitation Act, the prayer is to condone the delay of 835 days in filing the appeal. 2. The impugned award was passed by the Tribunal on August 22, 2007. According to the petitioner/appellant his counsel had informed him about the disposal of the case. But he could not go and meet his counsel immediately because he was laid up with “severe fever” After his recovery he went and met his counsel and an application for certified copy of the award was filed on December 21, 2007. The copy was received on January 1, 2008. But the petitioner could not contact his counsel as he was working as a mason in Madras. He came back to Kerala after obtaining leave in the month of June, 2008. When he went to the office of his counsel, it was noticed that the clerk had misplaced the file. After about six months the petitioner contacted the clerk again. But still the file could not be traced out. In the meanwhile petitioner got an employment in Bombay during May 2009 and during October 2009 he fell down from a lift while carrying materials at the construction site. To make a long story short, petitioner came back to his village during C.M.Appln.1065/2010 and M.A.C.A. 826 of 2010 2 the first week of March 2010 and thereafter he went to the office of his counsel and collected the papers. The appeal was filed thereafter. Petitioner asserts that the delay occurred in the above facts and circumstances. Having perused the above mentioned affidavit, we are not satisfied with the so called explanation offered by the petitioner. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-