IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 MACA.No. 1691 of 2010(F) ----------------------- OPMV.223/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPLICANT -------------- SANTHOSH KUMAR, AGED 29, S/O.PRABHAKARAN VANNIYAMCODE, KISHAKKUMKARA PUTHEN VEEDU MOOLAKONAM, MARANALLOOR VILLAGE MARANALLOOR DESOM, MALAYINKIL PO. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): RESPONDENTS --------------- 1. THE MANAGING DIRECTOR K.S.R.T.C. THIRUVANANTHAPURAM K.S.R.T.C BUS KL-15-1065 2. RAJENDRAN, S/O.KUTTAN PANICKER THACHARAVILAKATHU VEEDU ARUMANOOR DESOM, THIRUPURAM VILLAGE THIRUPURAM PO. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.2160/2010 & M.A.C.A. 1691 OF 2010 -------------------------------------------------------- Dated: OCTOBER 1, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 1032 days in filing the appeal. 2. The impugned award was passed by the Tribunal on June 5, 2007. According to the petitioner/appellant, he had been getting severe stomach pain after the accident and he could not go for work as a rubber tapper regularly because of the accident. He says there is no permanent cure for his ailment and he was also facing financial difficulties. 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 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 mt/-