IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 MACA.No. 1852 of 2010(C) ----------------------- OPMV.1107/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER ------------------------- SHAJI, S/O.NARAYANAN, DEVASWOM PARAMBU, KALAPPURA WARD, ALAPPUZHA-688 007. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS --------------- 1. ANTONY THOMAS, S/O.ANTONY, NEAR PONNURUNNI RAILWAY GATE, VYTTILA VILLAGE, ERNAKULAM. PIN 682019. 2. ROSIL THOMAS, W/O.THOMAS, NEAR PONNURUNNI RAILWAY GATE, VYTTILA VILLAGE, ERNAKULAM.PIN 682019. 3. THE UNITED INDIA INSURANCE CO.LTD., TRIPOONITHURA.PIN 682 301 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. -------------------------------------------------------- C.M.APPLN.2356/2010 & M.A.C.A. 1852 OF 2010 -------------------------------------------------------- Dated: OCTOBER 1, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 731 days in filing the appeal. 2. The impugned award was passed by the Tribunal on April 21, 2008. According to the petitioner/appellant, the Clerk attached to the office of his counsel before the Tribunal, failed to inform him about the receipt of the certified copy of the award. Petitioner got the communication from the Clerk only on September 2, 2010. Immediately thereafter this appeal has been filed. 3. Having perused the averments in the affidavit filed in support of the application for condonation of delay, we are not at all satisfied with the so-called explanation offered by the petitioner. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-