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 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 747 of 2011() ---------------------- OPMV.1160/2009 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/ PETITIONERS ------------------------- 1. MANOJKUMAR, S/O. BALAN NAIR, AGED 36 YEARS, 2. ADITH HARIKRISHNA, MINOR, AGED 9 YEARS, D.O.B. 17/02/2000, S/O. MANOJ KUMAR. 3. PADMALOCHANA, W/O. KRISHNAN NAIR, AGED 62 YEARS, (ALL ARE RESIDING AT DEVANAYANAM HOUSE, NANMANDA POST, KOZHIKODE). BY ADV. SRI.V.S.CHANDRASEKHARAN KUM.D.MINI RAJAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S/ RESPONDENTS -------------------------- 1. SUNIL KUMAR T., S/O. BALAKRISHNAN NAIR, AGE NOT KNOWN, THOLITTIYIL HOUSE, NANMANDA POST, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SEEMA TOWERS, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1194 OF 2011 IN M.A.C.A.No.747 OF 2011 & M.A.C.A.No.747 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 352 days in filing the appeal. 2. The impugned award was passed by the Tribunal on February 19, 2010. But, according to the petitioner/appellant, he was away in Bombay in connection with his employment at the time when the award was passed. Therefore, he could not contact his counsel and enquire about the fate of the case. He contacted his counsel in December 2010 and he was informed about the passing of the award. As instructed by his counsel at Ernakulam, he applied for a certified copy of the award in February 2011. This appeal has been filed after obtaining the certified copy on May 23, 2011. Having perused the averments in the affidavit filed in support of MACA.No.747/2011 2 the application, we are not at all satisfied with the so called explanation offered by the petitioner 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 sv. MACA.No.747/2011 2