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 16TH JUNE 2011 / 26TH JYAISHTA 1933 MACA.No. 650 of 2011() ---------------------- OPMV.259/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER ------------------------ P.K. IBRAHIM, AGED 45 YEARS, S/O. BEERANKUTTY, POTHUKKADAN HOUSE, RIPPON POST, PUTHUKKAD, VYTHIRI TALUK. BY ADV. SMT.CELINE JOSEPH RESPONDENT: RESPONDENT NO.3 ------------------------------ THE NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, YARIKKODAN BUILDINGS, NILAMBUR ROAD, MANJERI P.O, 676121, (INSURER OF KL 12/A-5618 AUTO), POLICY NO.3176028478947 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ----------------------------------------------- C.M.Application No.1070 of 2011 & M.A.C.A. No.650 of 2011 ------------------------------------------------ Dated this the 16th day of June, 2011 JUDGMENT A.K.Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 980 days in filing the appeal. The impugned award was passed by the Tribunal way back on October 19, 2007. But it is seen that the application for obtaining certified copy of the award was filed only on November 24, 2010. According to the petitioner/appellant he could not file the application within time, since he was “out of station” in search of a job and the letter sent by the counsel did Not reach him. Still further, he submits that he was laid up with chicken pox for a “considerable period”. 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. rkc