IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 MACA.No. 2322 of 2010() ----------------------- OPMV.670/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ K.V.JOSEPH, S/O. VAREED, KARIYATTI HOUSE PUTHUKKAD.P.O., SOUTH THORAVU, THRISSUR DISTRICT. BY ADV. SRI.T.C.SURESH MENON RESPONDENT(S): RESPONDENTS --------------- 1. T.C.SUNIL, PROPRIETOR, SILPA CONSTRUCTIONS 3RD FLOOR, NORTH SQUARE, PARAMARA ROAD, COCHIN. 2. TITTO BABY MANJOORAN, S/O. BABY MANJOORAN, MANJOORAN VEETTIL, CHIRANGARA DESOM, KIZHAKKUMMURI, KORATTY, THRISSUR DISTRICT. 3. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. 4TH WHITES ROAD, CHENNAI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.3007 of 2010 & M.A.C.A.No.2322 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 364 days in filing the appeal. 2. The impugned award was passed by the Tribunal on June 9, 2009. But according to the petitioner/appellant, he had gone to Bangalore in connection with the admission of his daughter to the BDS course. He had been desperately trying to raise funds for her admission. Further, he was taken ill in Bangalore and was undergoing treatment. That was also an added reason for his being not able to take steps for filing the appeal. But curiously, petitioner has a case that he was “unable to take care of himself” due to the disability suffered as a result of the injury. Petitioner has not stated the period during which he was in Bangalore or what was the disease he was afflicted with while he was in Bangalore. What has been stated is only that he came MACA.No.2322/2010 2 back from Bangalore on August 26, 2010. We have carefully perused the averments in the affidavit filed in support of the application for condonation of delay. We are not at all satisfied with the so called explanation offered by the petitioner. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2322/2010 2