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. 616 of 2010() ---------------------- OPMV.313/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ------------------------------- A.L. JOSE, S/O. LAZER, RESIDING AT ALAPPADAN HOUSE, NEAR POLYTECHNIC, HERO NAGAR, P.O. NEDUPUZHA, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): RESPONDENTS ------------------------------------- 1. THE PRESIDENT, THRISSUR DISTRICT AUTO DRIVERS CO-OPERATIVE SOCIETY LIMITED NO. R-348, KOORKKANCHERRY, THRISSUR DISTRICT. 2. RAJESH @ RAJU, S/O. DHARMAN, RESIDING AT CHERAKKATHONDI HOUSE, A.K.G. NAGAR, VATTAPPINNI, KANIMANGALAM, THRISSUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, PERINCHERRY BUILDING, ROUND NORTH, THRISSUR. 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.759 of 2010 & M.A.C.A.No. 616 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 Judgment Basheer, J: In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 475 days in filing the appeal. Admittedly the award was passed on April 23, 2008. It is averred by the petitioner that he came to know about passing of the award only when he contacted his counsel to enquire about the fate of his case. But according to him even thereafter he could not make arrangements to file an appeal because of “financial crisis”. 2. Significantly petitioner has not mentioned the date on which he came to know the result of the case or the date when he received the copy of the award. The endorsement on the certified copy reveals that the copy of the Award was delivered to the counsel way back on July 8, 2008. Appeal is seen to have been filed only in January 2010. We are not at all satisfied with the so called explanation offered by the petitioner/appellant for condonation of the inordinate delay. Therefore the petition is dismissed. Consequently the appeal is also dismissed. I A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.