IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 1284 of 2010 ------------------------------------ OPMV.279/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT / PETITIONER: ------------------------------------------ C.K.GOVINDAN NAMBIAR, AGED 58 YEARS, S/O.KOMAN NAIR, PLOT NO.68/T1 KURINJI FLATS, THIRUVALLUR NAGAR, THIRUVANNIYUR, CHENNAI-41. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: -------------------------- 1. D.GEORGE KATTIL, S/O.KATTIL, PALACE ROAD, THANGASSERY, KOLLAM. 2. V.VIJAYAKUMAR, S/O.VASUDEVAN, MURUTHIYIL VEEDU, ANJALAM MOODU VILLAGE, KARIPUZHA KARA, PERUNADU TALUK, KOLLAM. 3. THE ORIENTAL INSURANCE CO.LTD., BY ITS REGL.MANAGER, REGL.OFFICE, GROUND FLOOR, METRO PALACE, OPP.NORTH RAILWAY STATION, KOCHI-18. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1284 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 397 days in filing the appeal. 2. The impugned award was passed by the Tribunal on August 30, 2008. It is seen admitted by the petitioner/appellant that the copy of the award was received on February 4, 2009. But according to the appellant/deponent, he was in financial crisis at that time and was not able to continue his real estate business because of that reason. However, in the last week of January 2010 he came from Chennai and met his counsel. His son-in-law informed him that he will also take a second opinion about the feasibility of filing an appeal. In the second week of April, his son-in-law met the counsel and obtained the copy of the award. It is thereafter that the appeal has been filed on June 1, 2010. 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. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1284 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July 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