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 27TH JANUARY 2010 / 7TH MAGHA 1931 MACA.No. 994 of 2009 ----------------------------------- OPMV.2012/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT /PETITIONER IN OP(MV): ------------------------------------------------------------ SUJITH.K.K., S/O.SADANANDAN NAIR, RESIDING AT KANDIKUNNUMMAL HOUSE, P.O.NANMANDA, KOZHIKODE. BY ADV. SRI.A.V.M.SALAHUDEEN RESPONDENTS / RESPONDENTS IN OP(MV): ----------------------------------------------------------------------- 1. P.K.SUNDARAN, S/O.P.K.BALAN, RESIDING AT SOORAJ NIVAS, 21/2776, PAYYANAKKAL, P.O.KALLAI, KOZHIKODE. 2. JAYARAJ.K., S/O.K.BALAN, RESIDING AT KANDAMPALLY HOUSE, P.O.NALLALAM, KOZHIKODE. 3. ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFICE.2, 2ND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JN., KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appl.1166 OF 2009 & M.A.C.A.No.994 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January 2010 JUDGMENT Basheer, J. This application filed under Section 5 of the Limitation Act seeks condonation of the delay of 241 days in filing the appeal. 2. It is averred by the petitioner/appellant in the affidavit that though the award was passed on March 27, 2008, an application for obtaining a certified copy of the award could be filed only on December 24, 2008. Copy of the award was delivered on January 24, 2009. But according to the deponent, he was laid up with “heavy back pain” from January 25, 2009 till March 22, 2009. After getting relief from the pain, appeal was filed on March 24, 2009. 3. We have carefully perused the averments in the affidavit. We have also gone through the award passed by the Tribunal. In our view, the explanation offered by the petitioner is not at all satisfactory and we do not find any justifiable reason to condone the delay. Petitioner has failed to show any valid or plausible reason to condone the delay between March and December 2008 and then again between January and March 2009. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes