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 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 MACA.No. 1528 of 2009 ------------------------------------- OPMV.3168/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ----------------------------------------- K.K.SAIDALAVI, S/O. MAMMEDKOYA, AGED 45 YEARS, RESIDING AT BRIGHT STAR, P.O.KOMMERI, METHOTTUTHAZHAM KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS: ------------------------- 1. THE MANAGING DIRECTOR, KSRTC, TRIVANDRUM, (OWNER OF KSRTC BUS NO.KL-15/2821) 2. PRADEEPAN, S/O. SOMAN, AGED 30 YEARS, RESIDING AT MELEMANGAD HOUSE, P.O.KARANTHOOR, KUNNAMANGALAM, KOZHIKODE. (DRIVER OF THE KSRTC BUS NO. KL-15/2821) 3. K.K.SUKUMARAN, S/O. RARUKUTTY, AGED 47 YEARS, RESIDING AT KOLAKATHODY HOUSE, P.O. KARANTHOOR, KOZHIKODE (OWNER OF THE BUS NO.KL-11/D-7101) 4. THE NATIONAL INSURANCE CO. LTD. DIVISIONAL OFFICE VELIMANA BUILDING, MAVOOR ROAD,KOZHIKODE. (INSURER OF THE BUS NO.KL-11/D-7101) ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R4 SRI.P.JACOB MATHEW FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.1770 OF 2009 in M.A.C.A.No.1528 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 461days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 5, 2007. But the appeal has been filed only on May 26, 2009. According to the petitioner/appellant, he came to know about passing of the award after a few months when he contacted his counsel. Immediately he requested his counsel to apply for the certified copy. It is seen from the endorsements on the certified copy that an application was made on April 21, 2008 and the copy was issued on May 8, 2008. The affidavit filed by the appellant is totally silent as to why no steps were taken to collect the copy from the counsel without any delay. Curiously, it is seen casually mentioned in the affidavit that certified copy could not be traced out by him while he was going to meet his counsel at Ernakulam. But ultimately he did so. The affidavit is totally unsatisfactory and unconvincing. Therefore the prayer to condone the inordinate delay cannot be allowed. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1528 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November 2010 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes