IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 MACA.No. 1543 of 2009() ----------------------- I.A.5691/06 IN OPMV.1524/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS: PETITIONER ------------------------ SAJITH P., S/O.RAGHAVAN, AGED 26 YEARS, POORATHANKANDY HOUSE, KANNOOKKARA, P.O.THANA, KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): RESPONDENTS -------------------------- 1. PRATHEESH M.T.K., MATHIYOTH THAZHE KUNIYIL HOUSE, PANNIYANNUR AMSOM, CHAMBAD DESOM, P.O.PANNIYANNUR. 2. V.PRAKASHAN, S/O.GOVI, PRAKASH BUS SERVICE, THALASSERY P.O. (OWNER OF THE BUS KL-11/5904). 3. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE 2, P.B.NO.437, RAS BUILDING, SOUTH BAZAR, KANNUR - 2. (INSURER OF THE BUS KL-11/5904). (POLICY NO.6809/02). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1543 of 2009 & C.M.Appln. No. 1785 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of August, 2009 JUDGMENT Joseph, J. There is a delay of 712 days in filing the appeal. This is a case where the petition filed under the Motor Vehicles Act by the appellant was dismissed for default. The appellant filed another petition to restore the same. In view of the fact that there was no representation for the appellant and he did not take steps the petition to restore was also dismissed for default. It is the said order which is under challenge in this appeal. 2. An appeal is maintainable under the Motor Vehicles Act against an Award. Section 168 of the Motor Vehicles Act contemplates an award being made on the M.A.C.A.No. 1543 of 2009 2 merits of the matter. The impugned order is not an award. We are not inclined to condone the delay. The petition to condone the delay is dismissed. The appeal is, therefore, not maintainable. 3. Without prejudice to any other remedies of the appellant, this appeal is dismissed as not maintainable. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm