IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 754 of 2003() ---------------------- OPMV.530/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- KHAMARULLAILA, AGED 7 YEARS (MINOR), REPRESENTED BY GUARDIAN/FATHER PATTUKKUTH ABDULLA @ ABDULLAKUTTY, ELAMKULAM AMSOM, P.O.KUNNAKKAVU. BY ADV. SRI.V.K.MOHAMMED YOUSUF RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. NISHAD K.S. S/O. SHAIK MOIDEEN, KOTTAKATH HOUSE, P.O. VETTIKATTIRI. 2. K.C.KRISHNAN, S/O. K.C.CHITHRA BHANU, KOODALATTUPURATH MANA, NAMBOODIRIPAD, PAINKULAM, THRISSUR. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- M.A.C.A. No.754 of 2003 and C.M.Appl.No.1331 of 2003 --------------------------------------- Dated this the 11th day of August, 2008 Judgment Koshy,J. The C.M. Application is filed for condoning the delay of 56 days in filing the appeal. Appellant, at the age of 17, sustained injuries in an accident. Doctor assessed 30% disability. The Tribunal accepted 30% disability and calculated compensation based on notional income and multiplier of 15 was taken taking guidance from the second schedule. Medical reimbursements were also granted. Just and reasonable amount was granted by the Tribunal. Apart from the above, notice in the delay condonation petition was ordered on 9.12.2003. Process was not paid so far. Just and reasonable compensation was awarded. For the reason that process was not paid on the delay condonation petition to serve notice and no valid reasons are stated for condoning the delay, the delay condonation petition is dismissed and consequently the appeal is also dismissed. J.B.Koshy Judge K.P.Balachandran Judge vaa W.A.Nos. 1273, 1274 & 1277/2003 2 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- M.A.C.A. No.754/2003 and C.M.Appl.No.1331/2003 ------------------------------------- Judgment Dated:11th August, 2008