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 MARCH 2010 / 4TH CHAITHRA 1932 MACA.No. 1350 of 2005() ----------------------- OPMV.540/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPLICANT (OP(MV) 540/99) --------------------------------------- J.R.SUJITH KUMAR, S/O. LATE L.B.SUNDARESAN NAIR, JAYALAKSHMI NIVAS, CHIPPANCHIRA, KARIMOMCODE, PALODE, PACHA, THIRUVANANTHAPURAM. NOW RESIDING AT THANAL, PREM NAGAR, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): RESPONDENTS --------------- 1. M/S. NOVAS CARRIERS, PLOT NO.28, ARUMUGHA NAGAR, ALAGAPURAM, SALAM-636016. 2. VENKITACHALAM S/O. PALANAPPAN, KOTTTURKADU, PANGAL P.O., SALEM. 3. M/S. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, THIRUVANANTHAPURAM REP. BY THE DIVISIONAL MANAGER. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1894/2005 and M.A.C.A.No.1350 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 541 days in filing the appeal. The appellant/petitioner has not given any details as to when he came to know about passing of the award or when he received the copy of the award . The only averment is that on coming to know about the “low quantum of award” he was taken aback and all his “hopes and wishes vanished”. He did not therefore go to meet his counsel. Later, when he got himself pacified, he decided to file the appeal. According to him, it is thus that the delay of 541 days has occurred. Having perused the averments in the affidavit, we are not at all satisfied with the explanation offered , if it can be called as an explanation. Therefore, the delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.