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 2ND JUNE 2010 / 12TH JYAISTHA 1932 MACA.No. 819 of 2010 ----------------------------------- OPMV.1958/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT / APPLICANT: ----------------------------------------- AJIKUMAR, S/O.BABY AMMA, POIKAVILA PUTHEN VEEDU, MARUTHIKUNNI P.O., MULLANALLOOR, NAVAIKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR SRI.V.V.MITHUN RESPONDENT(S): --------------------------- 1. THAZIL, KURANDIVILA, KAYALPURAM, AYIROOR. 2. JAYAPRAKASH.N., S/O.NARAYANA PILLAI, PLAVILA VEEDU, MULLANALLOOR, MARUTHIKUNNU P.O., NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT. 3. THE SENIOR DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., KOTTARATHIL BUILDING, PALAYAM, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.1055 OF 2010 & M.A.C.A.No.819 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 651 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 16, 2008. According to the petitioner, he is employed in one of the Gulf countries and even at the time of the passing of the award he was away at his work place. He could not come back to the country and make arrangements to file the appeal. When he came down to Kerala and went to the office of his counsel, he was informed that the counsel had gone on a vacation. Ultimately he obtained the copy of the award and made arrangements to file the appeal. Thus, a delay of 651 days has occurred. 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. We have also perused the award. Having regard to the single injury suffered by the petitioner, we are of the view that the amount of compensation of Rs.45,120/- awarded to the petitioner is just and reasonable. For that reason also, we are not inclined to issue notice on the delay petition. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE jes // true copy // P.A. to Judge jes