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 9TH JUNE 2010 / 19TH JYAISTHA 1932 MACA.No. 861 of 2010() ---------------------- OPMV.1617/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): PETITIONER ------------------------ BABU @ BAHULEYAN, S/O.KRISHNAN ASARI, T.C.10/1784, BHASURA VEEDU, NEAR CSI CHURCH, CHENCHERI MURI, MANNANTHALA, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR SRI.V.V.MITHUN RESPONDENT(S): RESPONDENTS --------------- 1. RATHEESH BABU, S/O.BAHULEYAN, BHASURA VEEDU, NEAR CSI CHURCH, MANNANTHALA, THIRUVANANTHAPURAM. 2. KRISHNAN KUTTY NAIR, S/O.GANGADHARAN NAIR, CHENCHERI MOTTAVILA VEEDU, CHENCHERI MURI, THIRUVANANTHAPURAM. 3. ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER RAMAKRISHNA BUILDING, ARISTO JUNCTION, M.G.ROAD, THIRUVANANTHAPURAM. 4. SUNIL KUMAR, S/O.SURENDRAN, KIZHAKKUMARA VEEDU, KUTHIRAKULAM, EDATHARA, VEMBAYAM, THIRUVANANTHAPURAM. 5. MUHAMMED BASHEER, MADEENA MANZIL, ALUMMOODU, KANIYAPURAM. 6. NEW INDIA ASSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER NEAR MUNCIPAL BUS STAND, MAIN ROAD, ATTINGAL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.M.Appln.1106 of 2010 and M.A.C.A. 861 of 2010 ------------------------------------------------------ Dated: JUNE 9, 2010 JUDGMENT Basheer, J. This appeal is filed with a petition under sec.5 of the Limitation Act, to condone the delay of 323 days in filing the appeal. 2. The impugned award was passed by the Tribunal on March 2, 2009. But, according to the petitioner/appellant, at the time of passing of the award he was laid up with “severe jaundice” and was bedridden for nearly two months and in order to get a complete cure, it took another month. After his recovery he contacted his counsel in the Tribunal who informed him to go and meet him after one month. When he met his counsel as instructed, it was noticed that the entire file including the certified copy of the award was missing from his office. Thereafter the case file was traced out and it was handed over to the petitioner. But the petitioner was thereafter bedridden because of “Chickun Guinea” for nearly one month and “it took nearly two months to escape from its aftermath”. It is thus that the delay of 323 days has occurred, asserts the petitioner in the affidavit. 3. Having perused the averments in the affidavit, we are not at all satisfied that the inordinate delay has been properly explained by the petitioner. Apart from making vague assertions that he was C.M.Appln.1106 of 2010 and M.A.C.A. 861 of 2010 2 afflicted with jaundice and later with “Chickun Guinea”, he has not produced any supporting materials to substantiate the same. Secondly, the period during which he was in fact laid up because of these two ailments is also not indicated. 4. We have also perused the award impugned in the appeal. It is seen that the appellant has been awarded a sum of Rs.78,200/-. The Tribunal has considered all the relevant aspects in the light of the documents produced before it. Having regard to the entire facts and circumstances, we are not satisfied that the delay is liable to be condoned. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-