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 31ST MAY 2010 / 10TH JYAISTHA 1932 MACA.No. 145 of 2004() ---------------------- OPMV.1708/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER -------------------------------------------- MUJEEB RAHMAN, NECHIKKUDAN HOUSE, VANIYAMBALAM P.O., KUTTIYIL. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): RESPONDENTS --------------------------------------- 1. FAKRUDEEN ALI AHAMMED, VALIYATTIL HOUSE, VELIYANCHERI ( DEIVER) 2. KOMUKUTTY, KUTTASSERI HOUSE, VELIYANCHERI, MELATTUR (OWNER) 3. UNITED INDIA INSURANCE CO.LTD., COIMBATORE -2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.216 of 2004 & M.A.C.A.No. 145 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2010 Judgment Basheer, J: In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 525 days in filing the appeal. 2. The award was passed by the Tribunal on January 24, 2002. But according to the petitioner he could not file the appeal within the time since he was still bedridden. It is further asserted by him that he could not contact his counsel since he was undergoing treatment. 3. It is seen from the endorsement on the award that application was filed for obtaining certified copy only on 25/8/2003 after a lapse of more than 1 ½ years. Copy was delivered on 24/9/2003. But the appeal was filed only in January 2004. 4. We are not at all satisfied with the averments in the affidavit filed in support of the application for condonation of delay. Therefore the petition for condonation of delay is dismissed. Consequently the appeal is dismissed. A.K. Basheer Judge. an. P.Q. Barkath Ali Judge.