IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 MACA.No. 2955 of 2008() ----------------------- OPMV.3212/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: --------------------------- P.K. VISWAMBHARAN, AGED 52 YEARS, S/O. KUNJAKKAN, PULLAT HOUSE, P.O. KAZHIMBRAM, EDAMUTTAM, THRISSUR BY ADV. SRI.M.B.PRAJITH RESPONDENTS/RESPONDENTS: ---------------------------------- 1. B. VIJAYAN, 4/61, ARISTO ROAD, CHELAKKOTTUKARA, THRISSUR. 2. BINESH, S/O. SEKARAN, CHEMBAKASSERY HOUSE, EDATHIRUTHY VILLAGE, THRISSUR. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, ALLANGADAN BUILDING, TANA, IRINJALAKUDA. 4. V.V. SUNIL, VATTAPULLY HOUSE, P.O. EDATHURUTHY, KATOOR, THRISUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.N. RAVINDRAN, JJ. -------------------------------------------- C.M. Appln. 3009 of 2008 in M.A.C.A.No. 2955/2008 & M.A.C.A. No. 2955 OF 2008 -------------------------------------------- Dated this the 5th day of January, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant. In the course of hearing of Delay Condonation Petition, we had occasion to consider the case on merits. The ground raised in the Delay Condonation Petition is communication gap between the appellant and his counsel. We do not think this as a ground to condone the inordinate delay of nearly one year in filing the appeal. Besides this, accident is collision between two motor-bikes in a fairly wide road. Moreover, injury sustained is in the lower jaw of the appellant, which shows that he was not wearing head-gear at the time of the accident. To our mind, appellant's contributory negligence cannot be ruled out in this case. Besides this compensation is awarded based on notional income of Rs. 2000/-. Even though counsel for the appellant relied on evidence of his real MACA : 2955/08 2 income, we do not think there is any scope for condoning the delay or interfering with the award in appeal, if at all admitted. Reasonable compensation is also granted. In the circumstances both Delay Condonation Petition and Appeal are dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (P.N. RAVINDRAN) Judge. kk MACA : 2955/08 3