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 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 490 of 2010() ---------------------- OPMV.1125/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ------------------------ ANTONY AUGUSTINE, AGED 34 YEARS, S/O.AUGUSTINE, VADAKKUMCHERY HOUSE, ANAPPARA P.O., MANJAPRA (VIA). BY ADV. SRI.K.SUNILKUMAR SRI. S.S. JAYAKALA RESPONDENT(S): RESPONDENTS -------------------------- 1. SHAMEER T.N., AGED 35 YEARS, S/O.NOORUDHEEN, KAMPILLY PARAMBAN HOUSE, PANAYIKKULAM JUNCTION, PANAYIKKULAM PO ALANGADU VILLAGE. 2. P.M.AZEEZ, PUTHENVEETTIL HOUSE, KANDANTHARA P.O., ALLAPRA. 3. THE NATIONAL INSURANCE CO.LTD., URUMBATH BUILDINGS, PUMP JUNCTION, ALUVA P.O., PIN - 683 101. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.490 OF 2010& C.M.Appln.No.616 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 790 days in filing the appeal. The claim petition filed by the appellant/petitioner was partly allowed and a sum of Rs. 1,38,080/- was awarded to him towards compensation by award dated May 30,2007. 2. It is averred by the petitioner in the affidavit that he could not file this appeal in time since he was laid up with Pneumonia. 3. Having perused the reasons stated for the delay, we are not at all satisfied that the said explanation can be accepted. Therefore, the delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.