IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K. BASHEER & THE HONOURABLE MR. JUSTICE P.Q. BARKATH ALI. WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 C.M. APPL. NO. 796 OF 2010 AND M.A.C.A.No. 632 OF 2010() ---------------------- [ OPMV.1910/2000 of II ADDL. M.A.C.T., KOZHIKODE ] .................... APPELLANT: 2ND RESPONDENT --------------------------------------------- SANATH KUMAR.E.T,S/O.SREEDHARAN, AGED 29 YEARS,ERAKKATTU THAZHATH HOUSE, MAKKADA.P.O,KAKKODI,KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): PETITIONERS -------------------------- 1.PATHUMMAYI.M.T,AGED 55 YEARS, W/O.BEERAN KOYA,MAKKADOL THAZHATH HOUSE, MAKKADA.P.O,KAKKODI,KOZHIKODE DISTRICT. 2.RUKKIYA.M.T,AGED 24 YEARS,D/O.BERRAN KOYA,MAKKODOL THAZHATH HOUSE,MAKKADA.P.O, KAKKODI,KOZHIKODE DISTRICT. 3.USMAN KOYA.M.T,AGED 35 YEARS, S/O.BEERAN KOYA,MAKKADOL THAZHATH HOUSE,MAKKADA.PO KAKKODI,KOZHIKODE DISTRICT. 4.AYISHABI.M.T,AGED 33 YEARS, D/O.BEERAN KOYA,MAKKADOLL THAZHATH HOUSE, MAKKADA.P.O,KAKKODI,KOZHIKODE DISTRICT. 5.KAREEM.M.T,AGED 32 YEARS,S/O.BEERAN KOYA MAKKADOL THAZHATH HOUSE,MAKKADA.P.O,KAKKODI, KOZHIKODE DISTRICT. 6.NAZEER M.T., AGED 31 YEARS, S/O. BEERAN KOYA MAKKADOL THAZHATH HOUSE,MAKKADA.P.O,KAKKODI, KOZHIKODE DISTRICT. -2- 7.NABEESA M.T,AGED 30 YEARS, D/O. BEERAN KOYA.M.T MAKKADOL THAZHATH HOUSE,MAKKADA.P.O,KAKKODI, KOZHIKODE DISTRICT. 8.ZUHARA M.T, AGED 26 YEARS, D/O. BEERAN KOYA, MAKKADOL THAZHATH HOUSE,MAKKADA.P.O,KAKKODI, KOZHIKODE DISTRICT. 9.NATIONAL INSURANCE COMPANY LTD, MAVOOR ROAD BRANCH, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M. APPL. NO. 796 OF 2010 AND M.A.C.A NO. 632 OF 2010 ------------------------------------- DATED THIS THE 31TH DAY OF MARCH 2010 JUDGMENT A.K. BASHEER, J. In this petition filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 489 days in filing the appeal. 2. The award was passed by the Tribunal on 23.4.2008. It is averred by the petitioner in the affidavit filed in support of the application that he got information about passing of the award on 7.5.2008 itself. Immediately a copy application was filed and the copy of the award was received on 15.9.2008. But according to the petitioner, the clerk attached to the office of his counsel before the tribunal did not inform him about receipt of the certified copy of the award. It is admitted by the Petitioner/Appellant that he contacted his counsel only on 20.3.2010, nearly 1 ½ years later. There is no explanation, whatsoever, as to what prevented the petitioner from contacting his lawyer for nearly 1 ½ years. We are not at all satisfied with the explanation offered by the petitioner for the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K. BASHEER (JUDGE) P.Q. BARKATH ALI (JUDGE) pkk