IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 MACA.No. 1743 of 2006 ------------------------------------ OPMV.644/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS/PETITIONERS: 1. NAZEEMA, W/O.LATE SHAMSU, KOPPARAPANDIKASALA VALAPPU, KOVILKANDI AMSOM DESOM,PANTHALAYANI,KOYILANDY. 2. RASHMEEL(MINOR), AGED 15 YEARS, S/O.NASEEMA, KOPPARAPANDIKASLA VLAPPU, KOVILKANDI AMSOM DESOM, PANTHALAYANI, KOYILANDY. 3. SAMEER, (MINOR), AGED 13 YEARS, S/O.NASEEMA, KOPPARAPANDIKASALA VALAPPU, KOVILKANDI AMSOM DESOM, PANTHALAYANI, KOYILANDY. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS: 1. K.MUHAMMEDKUTTY, S/O.ABOOBACKER, KALLEVEETTUKANDI HOUSE, UNNIKULAM P.O., EKAROOL. 2. K.MUHAMMED, S/O.ABOOBACKER, CHEREKKAVAM KOVIL HOUSE, UNNIKULAM P.O., NEAR EKAROOL VILLAGE. 3. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, P.O.NO.529, JAIL ROAD, CALICUT. 4. M.V.LAKSHMANAN, S/O.NARAYANAN,NARIKANDY VALAPPIL HOUSE,KOYILANDY. 5. RASHEED, S/O.ABDULLAKUTTY, THATTANKANDY MEETHAL,KURUVANGAD, KOYILANDY. 6. UNITED INDIA INSURANCE CO.LTD., CALICUT-6, BRANCH OFFICE-II, WESTERN COMPLEX, P.B.NO.192. ADV. SRI.JOE KALLIATH FOR R3 SRI.P.JAYASANKAR FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1846 OF 2006 in M.A.C.A.No.1743 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 1546 days in filing the appeal. 2. The impugned award was passed by the Tribunal on January 25, 2002. But according to the petitioner, she was under the impression that her father-in- law would have taken steps to prefer an appeal against the award as undertaken by him. Moreover, he had been in charge of the case before the Tribunal for and on behalf of herself, her minor children as well as other claimants. But when she contacted the High Court, she came to know that no appeal had been filed. Immediately she applied for a certified copy of the judgment in June 2006 and after obtaining the copy, present appeal was instituted in September 2006. Having carefully perused the averments in the affidavit, 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. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1743 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July 2010 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes