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 1ST JUNE 2010 / 11TH JYAISTHA 1932 MACA.No. 199 of 2003() ---------------------- OPMV.1206/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD APPELLANT/PETITIONER ---------------------------------- PARVATHY, AGED 29 YEARS, W/O.CHANDRAN AND D/O.LATE NANJAN, RESIDING AT KAVILUR HOUSE, OLD KOTHAGIRI ROAD, ARAVENU P.O., NILGIRIS DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. C.N.RAVINDRAN, AGED ABOUT 37 YEARS, S/O.LATE C.A.NANJAPPA NAIDU, H.NO.11/112, N.G.NARAYANASWAMI STREET, NEW SIDHAPUDUR, COIMBATORE, (OWNER OF TOYOTA CAR BLF 993) (DELETED) 2. K.V.KRISHNAKUMAR, AGE AND FATHER'S NAME NOT KNOWN, CHIEF TRAFFIC WARDEN, O/O THE COMMISSIONER OF POLICE, COIMBATORE (DRIVER OF TOYOTA CAR BLF 993).(DELETED) 3. UNITED INDIA INSURANCE CO.LTD., FORT BOMBAY-400 001(INSURER OF TOYOTA CAR BLF 993 INSURANCE COVER NOTE NO.152241 DATED 04.05.1993) 4. T.N.BELLIRAJ, AGED ABOUT 55 YEARS, S/O.T.N.SALAI GOWDER, SELME HOUSE, ARAVENUE P.O., NILGIRIS (OWNER OF FIAT CAR TN-37/D-3333).(DELETED) 5. A.CHANDRA MOHAN, AGED 33 YEARS, S/O.ANDY GOWDER, JEEKUMARAI VILLAGE, ARAVENUE P.O., NILGIRIS (DRIVER OF FIAT CAR TN-37/D-3333-DL NO.983/NILGIRIS).(DELETED) 6. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, HOPE PARK, P.B.NO.13, KOTAGIRI, NILGIRIS(INSURER OF FIAT CAR TN-37/D-3333-POLICY NO.170302/317/31/01/20/1707/93 VALID FROM 29.07.93 TO 28.07.1994) THE NAMES OF R1, R2, R4 AND R5 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER THE ORDER DATED 16.12.2003 ON IA 2900/03 IN MACA 199/03. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.M.Appln. 303 of 2003 and M.A.C.A. 199 of 2003 ------------------------------------------------------ Dated: JUNE 1, 2010 JUDGMENT Basheer, J. This appeal by the injured in a motor accident was filed way back in July 2003 seeking enhancement of compensation. The appeal was accompanied by a petition to condone the delay of 159 days in filing the appeal. Notice was ordered on the delay petition on July 14, 2003. The endorsement by the Registry will reveal that despite several chances given to the appellant, she did not pay the process to serve notice on the respondents. In December 2003 an application was filed to delete respondents 1, 2, 4 and 5 from the party array. The said application was allowed by the court. In spite of this, the appellant did not take any steps to serve notice on respondents 3 and 6. The records further reveal that on several occasions the case was posted before the Joint Registrar noticing this defect. On none of the occasions the appellant did bother to appear before the Registry. 2. Today when the case is posted in the defect list, learned counsel for the appellant submits that the defect will be cured today itself. We are not at all satisfied with the conduct of the appellant till C.M.Appln. 303 of 2003 and M.A.C.A. 199 of 2003 2 date. 3. We have also perused the averments contained in the affidavit filed in support of the application for condonation of delay. It is stated that the appellant could not file the appeal in time since she had not fully recovered from the injuries. We are not at all satisfied with the so called explanation. Therefore we are not persuaded to accede to the request of the learned counsel to grant further time.. 4. We have perused the impugned award also. In the facts and circumstances of the case we are satisfied that the Tribunal has awarded just and reasonable compensation in the matter. 5. In that view of the matter also we are not inclined to keep this long pending appeal on the file of this court any longer. Therefore the petition for condonation of delay is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-