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 11TH JANUARY 2011 / 21ST POUSHA 1932 MACA.No. 415 of 2010() ---------------------- OP(MV)NO.432/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/ PETITIONER: --------------------------------------- SUDEER KUMAR, S/O.KUNHIRAMAN, VALIYA PUDUKKUDI HOUSE, VAIKILISSERI AMSOM, KURIKKILAD DESAM, POST-KURIKKILAD, VATAKARA KOZHIKODE. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. C.S.DEEPU, S/O.K.P.CHANDRAN, DEEPTHI HOUSE, P.O.MELOOR, KOYILANDI, PIN 673 319, KOZHIKODE DISTRICT. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE P.B.NO.I, TRIPURY BUILDING, EAST NADAKKAVU, KOZHIKODE 673 011, KOZHIKODE DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- M.A.C.A. No. 415 OF 2010 ----------------------------------------- Dated this the 11th day of January, 2011. J U D G M E N T A.K.BASHEER , J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 690 days in filing the appeal. 2. The impugned award was passed by the Tribunal way back on November 20, 2007. According to the petitioner/ appellant, he was away in gulf in connection with his employment at the time when the award was passed. He contacted his counsel and enquired about the case during the month of January 2010. Then he was informed that the case had already been disposed of. Immediately, he took steps to file this appeal. 3. Having perused the averments made 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. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb