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 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 MACA.No. 2110 of 2010() ----------------------- OPMV.413/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ JYOTHSANA,D/O.ROSH THOMAS,RESIDING AT PLATHARA HOUSE,SOUTH TURAVU,PUDUKKAD, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP RESPONDENT(S): RESPONDENTS -------------------------- 1. K.R.APPAVOO,S/O.RAMASWAMY,RESIDING AT NORTH KALAMASSERY,COCHIN,ERNAKULAM-683104. 2. R.SANKAR,S/O.RAMASAMY,RESIDING AT KEELANDAI,VEEDHI,LALAPET,RANIPER,VELLOOR DISTRICT. 3. THE UNITED INDIA INSURANCE CO.LTD, BRANCH OFFICE,180-A,ATTUR MAIN ROAD, RASIPURAM-637408. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - C.M.Appln.No2726 of 2010 & M.A.C.A.No.2110 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 866 days in filing the appeal. 2. The impugned award was passed by the Tribunal on January 4, 2008. At the time of the accident, the petitioner was a minor. It is averred by the petitioner that she was not in a position “ to maintain frequent contact with her counsel in the court below”. It was only when she met her counsel that she came to know that an award had been passed. Even though, the counsel informed her that a communication had been sent about the award, she had not received the same. Significantly, the guardian who had conducted the case is now remains in the background for obvious reason. We have carefully perused the averments in the affidavit filed in support of the application to condone the inordinate delay. We are not at all satisfied with the so called explanation offered by the petitioner. M.A.C.A.No.2110/2010 2 A perusal of the endorsement on the certified copy of the award will show that copy had been delivered on November 20, 2008. But the appeal is filed only on September 19, 2010. The affidavit is totally silent as to when the petitioner met her counsel. In any view of the mater, we are not at all satisfied with the explanation for the delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. M.A.C.A.No.2110/2010 2