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 20TH MAY 2010 / 30TH VAISAKHA 1932 MACA.No. 664 of 2010 ----------------------------------- OP(MV)945/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL,MUVATTUPUZHA .................... APPELLANT / 1ST RESPONDENT ---------------------------------------------------- BHASKARAN,S/O.GOPALAN NAMBIAR, PALIKKATTU HOUSE P.O., MANIYOOR PAYYOLI, KOZHIKODE DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS/PETITIONER/RESPONDENTS 2 & 3 IN THE O.P.: ----------------------------------------------------------------------------------------------------- 1. MUHAMMED, S/O.KOYAN, MANAKATTU HOUSE, NILLIKUZGY KARA, ERAMALLOOR, KOTHAMANGALAM. 2. SREEDHARAN, S/O.KRISHNA KURUP, PADINJARATH HOUSE, KUTTOTH P.O., CHIKKITTUPARA, QUILANDY. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE NO.11, SEEMA TOWERS, 2ND FLOOR, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.854 OF 2010 & M.A.C.A.No.664 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 1090 days in tiling the appeal. Petitioner/appellant was the registered owner of the vehicle involved in the accident which culminated in the claim petition before the Tribunal. 2. Admittedly, the impugned award was passed by the Tribunal on February 28, 2007. According to the petitioner, on receipt of notice from the Tribunal in the claim petition, he had engaged Advocate Raju at Kozhikode to appear on his behalf. However, later when he was served with notice under Section 7 and 34 of the Kerala Revenue Recovery Act, he rushed to the Tribunal and found out that an award had been passed against him on February 28, 2007 directing the insurance company to pay the compensation amount of Rs.1,51,265/- to the claimant and recover the same from the petitioner and his driver. It is further averred by the petitioner that he made arrangements to get a certified copy of the award thereafter. It is conceded by the petitioner that copy of the award was obtained on April 22, 2008. But according to him, the copy was misplaced M.A.C.A.No.664 OF 2010 :: 2 :: in the office of the advocate. It could be traced out only on March 25, 2010. Petitioner contends that the delay of 1090 days has occurred thus. 3. It is significant to note that the petitioner has not bothered to clarify or explain as to why he did not choose to enquire about the case till he received notice under the Revenue Recovery Act. Further, the appellant is silent as to when he received the notice referred to above. Still further there is absolutely no explanation as to why the petitioner/appellant did not make any earnest endeavour to trace out the missing certified copy of the award, if at all it had been misplaced in the office of the counsel from April 2008 till March 2010, or why he did not apply for another copy. Having carefully perused the averments in the affidavit, we are not at all satisfied with the 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 jes