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 26TH MAY 2010 / 5TH JYAISHTA 1932 MACA.No. 2500 of 2009 --------------------------- OPMV.588/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------------- RAMSHAD, AGED 16 YEARS,S/O.IBRAHIM, AMBELIKUNNEN HOUSE, MANANTHAVADY P.O.,MANANTHAVADY TALUK, WAYANAD DISTRICT, (THE PETITIONER BEING MINOR REPRESENTED BY HIS NEXT FRIEND AND GUARDIAN FATHER IBRAHIM, S/O.AMMED, AGED 61 YEARS,AMBELIKU- NNEN HOUSE, MANANTHAVADY PO, WAYANAD DISTRICT). BY ADV. SRI.N.J.ANTONY RESPONDENT(S): ------------------ 1. HAMEED, AGED 51 YEARS, S/O.ALAVI, APPAKANDATHIL HOUSE, AMBOOTHY POST, MANANTHAVADY TALUK, WAYANAD DISTRICT. (DRIVER OF THE AUTORICKSHAW NO.KL-12/5647 D.L NO NOT KNOWN). 2. K.P.SURESH, AGE NOT KNOWN, S/O.E.K.BALAN, LAKSHAM VEEDU COLONY, KUZHINILAM, MANANTHAVADY POST, WAYANAD DISTRICT. (OWNER OF THE AUTORICKSHAW NO.KL-12/5647). 3. UNITED INDIA INSURANCE CO.LTD., KALPETTA BRANCH, (POLICY NO.101601/31/060111/ 12115/1999). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.2946 of 2009 & M.A.C.A.No. 2500 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 Judgment Basheer, J: Having perused the averments in the affidavit, we are not at all satisfied with the reasons stated for condonation of 813 days' delay. We have also perused the injury sustained by the victim of the accident. In the facts and circumstances the compensation awarded, in our view though on the lower side, need not be interfered with at this distance of time, especially in the absence of any reasonable or satisfactory explanation for the delay. The petition is dismissed. Consequently the appeal is also dismissed. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.