IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 1025 of 2010() ----------------------- OPMV.382/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER -------------- JAYANARAYANAN,S/O.PRABHAKARAN NAIR, RESIDING AT PADIYARAKULLANKARA HOUSE, KULAPPULLI P.O,SHORNUR,PALAKKAD DISTRICT. BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): RESPONDENTS --------------- 1. NISAR AHAMMED,S/O.K.S.IBRAHIM,RESIDING AT OLD MARKET ROAD,NEAR SOUTH UKKADOM, COIMBATORE. 2. T.N.RAGESH,RESIDING AT PUTHANPURAYIL HOUSE,CHOKLY P.O,THALASSERY,KANNUR DISTRICT. 3. NATIONAL INSURANCE COMPANY LIMITED, RAMANADHAPURAM,COIMBATORE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.1307/2010 & M.A.C.A. 1025 OF 2010 -------------------------------------------------------- Dated: AUGUST 5, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 338 days in filing the appeal. 2. The impugned award was passed by the Tribunal on January 20, 2009. But, according to the petitioner, “due to an oversight” on the part of his counsel, he was not informed about passing of the award. He came to know about it only when he met his counsel. Though the counsel told him that a letter had already been sent to him, he had not received such a communication. It is further stated in the affidavit that the petitioner immediately took steps to prefer the appeal. But by the time a counsel could be engaged, the delay of 338 days had occurred. 3. The averments in the affidavit are not at all convincing or satisfactory. Though the petitioner has stated that he rejoined duty after prolonged treatment, he has not stated the date thereof. Similarly, he has not stated as to when he met his counsel. A perusal C.M.APPLN.1307/2010 & M.A.C.A. 1025 OF 2010 2 of the endorsement on the certified copy of the award would show that the copy was delivered on February 18, 2009 itself. But the appeal is filed only on April 9, 2010. We are not at all satisfied with the explanation for the delay. Therefore the delay petition is dismissed. Consequently the appeal also is dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-