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 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 MACA.No. 1049 of 2005 ------------------------------------- OPMV.145/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/PETITIONER: ---------------------------------------- SIVADASAN.K., RENJINI BHAVAN, PERUMPUZHA, KERALAPURAM, KOLLAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------------------- 1. HUSSIAN, CHERUVILA PUTHENVEEDU, MEENAD. 2. E.SHAMSUDDIN, SHERINAZ MANZIL, KARAMKODE, CHATTANNOOR. 3. THE NEW INDIA ASSURANCE COMPANY LTD., KOLLAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1459 OF 2005 in M.A.C.A.No.1049 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November 2010 ORDER Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 572 days in filing the appeal. 2. The impugned award was passed by the Tribunal on September 5, 2003. It is seen admitted by the petitioner that copy was delivered to him on September 5, 2003 itself. But according to the petitioner, he could not contact his counsel and make arrangements to file the appeal in time, as he had become 'abnormal' and was undergoing treatment. 3. This appeal was filed in June 2005. Notice on the delay petition was ordered on January 2, 2006. But till date, petitioner has not bothered to pay process. When the case is posted before the court today, a request is made on behalf of the learned counsel for the appellant to grant a further adjournment. We have carefully perused the averments in the affidavit filed in support of the application to condone the inordinate delay of 572 days. We are not at all satisfied with the so called explanation. More importantly, the appellant has not bothered to take steps to prosecute the case so far. 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.1049 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th 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