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 13TH JANUARY 2011 / 23RD POUSHA 1932 MACA.No. 62 of 2011() --------------------- (AGAINST O.P.(MV) NO. 770 OF 2002 dated 23.03.2007) APPELLANT/APPLICANT --------------------------------- STEPHEN, S/O. MICHAEL, WARD NO.8, HOUSE NO. 795, CHOWARA.P.O, ADIMALITHURA, THIRUVANANTHAPURAM. BY ADV. MR. SANTHAN V.NAIR MR. V.V. MITHUN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM - 695 001. 2. K.P. VENUGOPALAN, S/O. KUNHAMBU, VADASSERY HOUSE, KANKAL.P.O, PAYYANNOOR - 670 337. 3. THE SENIOR MANAGER, NATIONAL INSURANCE COMPANY LTD., ST. JOSEPH'S PRESS BUILDING, VAZHUTHACAUD.P.O, THIRUVANANTHAPURAM - 695 013. R1 BY ADV. MR. V.V. NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kmd A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- M.A.C.A. No. 62 OF 2011 ----------------------------------------- Dated this the 13th day of January, 2011. J U D G M E N T A.K.BASHEER , J. The prayer in this petition filed under Section 5 of the Limitation Act is to condone the delay of 1275 days in filing the appeal. 2. The impugned award was passed by the Tribunal way back on March 23, 2007. In the affidavit filed in support of the application for condonation of delay, it is averred by the learned counsel that the delay occurred, since the case bundle was misplaced in his office and that the file could be traced out only now. According to the deponent there was no willful laches on his part. But, we are unable to agree. The so called explanation is totally unconvincing and sketchy to say the least. 3. We have carefully perused the impugned award and gone through the treatment certificate which was marked in the case as Ext.A9. The claimant did not bother to adduce any oral evidence in the case, though Exts.A1 to A10 were marked on his side. It is revealed from the treatment certificate that the M.A.C.A. No. 62 OF 2011 2 appellant/claimant had suffered fracture of shaft of left femur. He was initially treated by skeletal traction and later with K-nailing and bone grafting. He was treated in the hospital as an inpatient for three weeks. The Tribunal had noticed that in Ext.A8 disability certificate the Assistant Professor of Orthopaedics attached to the Medical College Hospital, Trivandrum had assessed disability of the appellant at 23%. But the Doctor was not examined. 4. After considering the nature of the injury and the period of treatment etc., the Tribunal assessed the disability at 10% and calculated disability compensation, reckoning his notional monthly income at the rate of Rs.2,000/- and applying the multiplier of 11, since the appellant was at the time of the accident, aged 50. The Tribunal had also awarded a sum of Rs.8,000/- under the head of loss of earnings for four months. The entire medical expenses covered by the bills produced by the appellant were awarded to him. The Tribunal also awarded expenses for transportation, extra nourishment etc.. More importantly, under the head of pain and suffering Rs.15,000 and for loss of amenities a sum of Rs.8,800/- were also awarded. In our view, the total sum of Rs.64,450/- awarded by the Tribunal M.A.C.A. No. 62 OF 2011 3 with 7.5% interest is on the whole just and reasonable. In that view of the matter also we are not inclined to condone the inordinate delay of 1275 days. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. dmb