IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 MACA.No. 1705 of 2009() ----------------------- OPMV.14/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER -------------- FRANCIS.M.S., AGED 36 YEARS S/O SEBASTIAN, MUNDAKKAL HOUSE PAYYAMPALLY P.O., MANANTHAVADY TALUK WAYANAD DISTRICT BY ADV. SRI.N.J.ANTONY RESPONDENT(S): RESPONDENTS --------------- 1. BINU, S/O RAJAPPAN, AGE NOT KNOWN KALAYAKOOTATHIL HOUSE ANCHUKUNNU AMSOM, ECHOME P.O. MANANTHAVADY TALUK (DRIVER OF JEEP NO. K-12 A/2014. D.L. NOT KNOWN) 2. RADHALAKSHMI VARASIAR, W/O DAMODARAN MARAR, PULLERIKUNNU-PUTHIYAVEEDU EACHOM P.O., VILAMBUKANDAM MANANTHAVADY TALUK (OWNER OF JEEP NO.KL-12 A/2014) 3. NEW INDIA ASSURANCE CO.LTD, KALPETTA (POLICY NO. NOT KNOWN, INSURER OF JEEP NO.KL-12 A/2014 AND LOCAL BRANCH OF THE INSURER OF CAR NO.KL-14/7204, KASARGOD BRANCH) 4. UNNIKRISHNAN, AGED 37 YEARS S/O DIVAKARAN ERAVIYAZATH HOUSE, PALLIKKARA P.O. ( DRIVER CUM OWNER OF THE CAR NO.KL-14/2704 D.L.NOT KNOWN) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1962/2009 & M.A.C.A.No.1705 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2010 JUDGMENT Basheer, J. This application is filed under Section 5 of the Limitation Act with a prayer to condone the delay of 620 days in filing the appeal which is directed against the award passed by the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)No.14/2000. 2. It is averred by the petitioner in the affidavit filed in support of the application that though the award was passed on May 29, 2007, his counsel received the copy of the award only on July 1, 2009 and therefore he could not make arrangements for filing the appeal in time. There is absolutely no other explanation whatsoever for the inordinate delay in filing the appeal. 3. In this context, it may be noticed that the appellant is a government servant who is stated to be working in the Department of Agriculture. Therefore, it cannot be said that he was totally ignorant of the court proceedings. He was examined in the case as PW1. He had MACA.No.1705/2009 2 produced four documents which were marked as Exts.A1 to A4. A copy of the wound certificate which was marked in the case as Ext.A4, has been made available for our perusal. This certificate does not give any clue or idea whatsoever about the nature of the injury allegedly sustained by the petitioner. As rightly noticed by the Tribunal, petitioner had not bothered to produce any other document to show as to what was his income, age etc. He had also not produced any medical record in support of his claim for compensation for the alleged injury sustained by him. The other three documents produced by him were copy of the first information report, scene mahazar prepared by the Police Officer and the report of the Assistant Motor Vehicles Inspector. Nothing more; nothing less. Having carefully perused the affidavit filed by the petitioner in support of the application for condonation of delay, we are not at all satisfied that the inordinate delay of 620 days is liable to be condoned. Therefore the application is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE sv P.Q.BARKATH ALI, JUDGE MACA.No.1705/2009 2 sv.