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. 7 of 2010 -------------------------------- OPMV.426/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS: PETITIONERS ---------------------------------------------- 1. LIBERTY @ ROSILY, W/O.LATE SEBASTIAN, AGED 31, ARACKAL HOUSE, CHALAMATTOM, ERUMAPARA KARA, MELUKAVU VILLAGE, KOTTAYAM DISTRICT. 2. ALBY SEBASTIAN, S/O.LATE SEBASTIAN, AGED 6, ARACKAL HOUSE, CHALAMATTOM, ERUMAPARA KARA, MELUKAVU VILLAGE, KOTTAYAM DISTRICT. REP.BY MOTHER AND NATURAL GUARDIAN THE IST APPELLANT. 3. ASHLEY SEBASTIAN, D/O.LATE SEBASTIAN, AGED 6, ARACKAL HOUSE, CHALAMATTOM, ERUMAPARA KARA, MELUKAVU VILLAGE, KOTTAYAM DISTRICT. REP.BY MOTHER AND NATURAL GUARDIAN THE IST APPELLANT. BY ADV. SRI.SHIJU VARGHEESE SRIPRAMOJ ABRAHAM SRI.RENDEEP PREM RESPONDENTS: RESPONDENTS ---------------------------------------------------- 1. BIJOY @ MON, S/O.ISSAC, NEDUMKALLEL HOUSE, ELLUMPURAM P.O., MUTTAM, THODUPUZHA, ERNAKULAM DISTRICT. 2. SOGY GEORGE, S/O.N.M.GEORGE, NELLIKUNNEL HOUSE, KATHALIKADU P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, P.B.NO.5, PARAKSH BUILDING, T.B.JUNCTION, THODUPUZHA, ERNAKULAM DISTRICT. 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.Appln.No.3 OF 2010 & M.A.C.A.No.7 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January 2010 JUDGMENT Basheer, J. This application filed under Section 5 of the Limitation Act is to condone the delay of 521 days in filing the appeal. 2. It is averred in the affidavit filed in support of the application that a delay of 21 days occurred in filing the application for copy of the award because of the “shifting and rearrangement in the office of the counsel'. Award was passed by the Tribunal on May 26, 2008. Copy application was filed on June 17, 2008 and the copy was admittedly received on June 24, 2008. According to the deponent, after the death of her husband she was unable to make both ends meet. She could contact her counsel only one week before the filing of the appeal. Her counsel entrusted the lower court records to her and advised her to engage a counsel in the High Court. She avers that the delay of 521 days occurred in the above circumstances. 3. Tribunal has awarded a sum of Rs.11,76,390/- to the petitioner/appellant with 9% interest from May 26, 2007 till realisation along with cost of Rs.17,650/-. Having carefully considered the averments made in the affidavit filed in support of the application for condonation of delay, we are not at all satisfied that the delay has been properly explained. In that view of the matter, we do not find any reason to condone the delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes