IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MFA.No. 53 of 2002() -------------------- OPMV.1497/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): FIRST RESPONDENT -------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. BY ADV. SRI.K.PRABHAKARAN, SC. KSRTC RESPONDENT(S): PETITIONERS AND SECOND RESPONDENT --------------- 1. K.SREEDHARAN, S/O.KITTU, PARAPPILVELI HOUSE, MANNANCHERY GRAMA PANCHAYAT, WARD NO.8, ALAPPUZHA DISTRICT. 2. SANTHA, W/O.SREEDHARAN, DO.DO. 3. SUBRAMNIYAN, S/O.SREEDHARAN, DO. 4. KUNJUMON,S/O.K.SREEDHARAN, DO. 5. LALIKUTTAN, S/O.K.SREEDHARAN, DO. 6. SREEDEVI, D/O.K.SREEDHARAN, DO. 7. SREELATHA, D/O.K.SREEDHARAN, DO. 8. KUMARAN, S/O.NARAYANAN, PANDARATHARAYIL HOUSE, ERUPUZHIKARA, UDAYANAPURAM GRAMA PANCHAYATH, VAIKOM TALUK. ADV. SRI.T.RAJESH SRI.P.BINNY JOSEPH THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.F.A.No.53 of 2002 & C.M.P.No.231 of 2002 in M.F.A.No.53 of 2002 -------------------------------------- Dated this the 25th day of November, 2008. JUDGMENT Koshy, J. This appeal was filed with a delay of 179 days. By order dated 30.10.2006 delay was ordered to be condoned on condition that the appellant pays Rs.1,500/- to the respondents (through their counsel) as cost. No memo was filed stating that cost was paid. Counsel for respondents submits that no amount was received. In the above circumstances, delay petition (C.M.P.No.231 of 2002) is dismissed. Consequently appeal is dismissed as time barred. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks 2 J.B.KOSHY & THOMAS P.JOSEPH, JJ. M.F.A.No.53 of 2002 JUDGMENT 25th November, 2008