IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 MACA.No. 88 of 2010() --------------------- OPMV.983/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER -------------- AZEEZ K.B, S/O.BASHEER KARUVAPARAMBIL HOUSE MATHILMOOLA, P.O.MATHILAKAM, THRISSUR DISTRICT. BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENT(S): RESPONDENTS --------------- 1. P.PAVITHRAN, MANAGING PARTNER M/S. PREMA INDUSTRIES, KAIPAMANGALAM. 2. SATHEESAN, S/O.GOVINDANKUTTY MENON PEEDIKAPARAMBIL HOUSE, P.O.PULLUT KODUNGALLUR, THRISSUR DISTRICT. 3. THE MANAGER UNITED INDIA INSURANCE CO.LTD IRINJALAKUDA BRANCH. 4. THE MANAGER UNITED INDIA INSURANCE CO.LTD S.S.N SHOPPING COMPLEX, TEMPLE ROAD, NATTIKA PO. TRIPRAYAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.89 OF 2010 IN M.A.C.A.No.88 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2010 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 465 days in filing the appeal. 2. Admittedly, the impugned award was passed by the Tribunal on July 16, 2008. It is also admitted by the petitioner that certified copy of the award was obtained on August 28, 2008 itself. But according to the petitioner, he had entrusted the copy of the award to his friend in order to consult a lawyer in Ernakulam. But the friend misplaced the certified copy and did not reveal this fact to the petitioner. In fact, petitioner was told that arrangements had been made already to file the appeal. Later, the friend traced out the copy of the award in January 2010 and thereafter the petitioner contacted the lawyer over telephone and met him on the next day at Ernakulam. It was thereafter that the appeal has been filed. Having perused the averments in the affidavit, we are not at all satisfied with the so called explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.88 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2010 JUDGMENT Basheer, J. In view of the dismissal of C.M.Appln.No.89 of 2010, this appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.