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 28TH JULY 2010 / 6TH SRAVANA 1932 MACA.No. 1156 of 2010() ----------------------- OPMV.3957/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONERS -------------- 1. SMT.RAJESWARI SIVAKUMAR W/O LATE SIVAKUMAR 2. ASWATHY (MINOR), D/O LATE SIVAKUMAR 3. ARUN ( MINOR), S/O LATE SIVAKUMAR 4. GOVINDAN NAIR, FATHER OF LATE SIVAKUMAR (MINOR APPELLANTS 2 AND 3 REPRESENTED HEREIN BY THEIR GUARDIAN MOTHER THE FIRST APPELLANT) ALL ARE RESIDING AT AMBADATH HOUSE, P.O. CHOOLISSERY MUNDUR, THRISSUR DISTRICT BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): RESPONDENTS/PETITIONERS 6 & 7 --------------- 1. BALAKRISHNAN K.A., RESIDING AT KANDARASSERY HOUSE, MANATHALA CHAVAKKAD, THRISSUR DISTRICT - 680 507 2. SUNIL KUMAR, S/O GOPALAN NAIR, RESIDING AT PATTANELLUR HOUSE, PERUVALLUR P.O. MULLASSERY, THRISSUR DISTRICT - 680 509 3. THE NATIONAL INSURANCE COMPANY LTD. THIRUVIKA INDUSTRIAL ESTATE, GUINDY P.O. TAMIL NADU STATE - 600 015 MACA.No.1156/2010 4. RAMACHANDRAN, S/O GOVINDAN NAIR 5. JANARDHANAN, S/O GOVINDAN NAIR RESPONDENTS 4 AND 5 ARE RESIDING AT AMBADATH HOUSE P.O. MULLASSERY , THRISSUR DISTRICT - 680 509 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No. 1469 OF 2010 IN M.A.C.A.NO.1156 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 ORDER Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 521 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 20, 2008. According to the petitioner/appellant, she came to know about the passing of the award only “later” when she contacted her counsel. She further states that by the time she could engage a counsel before this court, the delay of 521 days had occurred. 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.1156 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2010 JUDGMENT Basheer, J. In view of the dismissal of C.M.Appln.No.1469/2010, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.