IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 MACA.No. 1826 of 2007() ----------------------- OPMV.4287/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER ---------------------------------- NARAYANAN, S/O CHATHU, KANARANKANDI, MEETHAL HOUSE, KARUVANCHERI AMSOM, CHELLATTUPOLI, VADAKARA. BY ADV. SMT.K.V.RESHMI RESPONDENTS/RESPONDENTS -------------------------- 1. P.C.BALAKRISHNAN, S/O NARAYANAN, PUTHENPURAYIL HOUSE, MADAPPALLY COLLEGE, VADAKARA. 2. P.PUSHPARAJAN, S/O NARAYANAN, PUTHENPURAYIL HOUSE, MADAPPALLY COLLEGE, VADAKARA. 3. M/S ORIENTAL INSURANCE COMPANY LTD., VADAKARA P.O., VADAKARA. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. ------------------------- M.A.C.A No.1826 of 2007 & C.M. Appli. No.1876 of 2007 -------------------------- Dated this the 22nd March, 2010 J U D G M E N T Basheer,J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 2139 days in filing the appeal which impugne the award passed by the Motor Accidents Claims Tribunal, Vadakara, 2. The award was passed way back on August 14, 2001. The Tribunal awarded a sum of Rs.1,06,000/- to the appellant towards compensation with interest and cost. 3. According to the petitioner/appellant he could not "make arrangements" to obtain a copy of the award due to his “ailments”. He further states that it was because of 'mental agony and trauma' faced by him that he could not make arrangements to obtain a copy of the award. After his recovery from the “trauma” he approached his counsel and made arrangements to apply for a copy of the award on October 5, 2004 which he received admittedly on October 21,2004. But appeal is M.A.C.A No.1826 of 2007 & C.M. Appli. No.1876 of 2007 2 seen to have been filed only on September 25, 2007. There is no explanation whatsoever as to what prevented the appellant from filing the appeal at least immediately after obtaining a certified copy of the award. 4. On a careful perusal of the entire averments in the affidavit, we are not at all satisfied that proper explanation has been offered to condone the inordinate delay. Therefore, delay petition is dismissed. Consequently the appeal is also dismissed. A.K.BASHEER,JUDGE P.Q. BARKATH ALI, JUDGE ma M.A.C.A No.1826 of 2007 & C.M. Appli. No.1876 of 2007 3 M.A.C.A No.1826 of 2007 & C.M. Appli. No.1876 of 2007 4