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. 153 of 2003() ---------------------- OPMV.545/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/4TH RESPONDENT: --------------------------------------- MELE KULAMBIL NADI, S/O.CHATHANKUTTY, P.O. VETTALLOR. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): PETITIONERS & RESPONDENTS 1 TO 3: ------------------------------------------------ 1. KOLATHY, D/O. THOOMBAN PECHERI THAZHAM HOUSE, MOONIYOOR AMSOM DESOM TIRURANGADI TALUK. 2. KALI, D/O. KOLATHY, DO. 3. BABY, D/O. DO. DO. 4. N.M. SABEER, S/O. MAMMIRIKUTTY KOLATHILKANDI HOUSE, MOONIYOOR AMSOM DESOM, TIRURANGADI TALUK (DRIVER KL 10D 5388) 5. N.M. SIDHIQUE, S/O. AHAMMEDKUTTY, NARIKATTE HOUSE, DO. (OWNER KL 10D 5388). 6. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, P.O. MANJERI (INSURER KL 10D 5388). 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.241 of 2003 & M.A.C.A.No.153 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2010 JUDGMENT Basheer, J. This appeal was filed along with a petition to condone the delay of 295 days in filing the appeal. Though notice was ordered on the delay petition on July 1, 2003, appellant did not pay process. 2. When the petition was posted before the Bench on January 28, 2004, the appellant was directed to pay process on that day itself and the case was ordered to be posted for verification on February 3, 2004. The appellant did not comply with the above direction also. Today, when the case is posted in the defect list, it is submitted by the learned counsel that process will be paid within two days. 3. We have perused the averments in the affidavit filed in support of the application. 4. The impugned award was passed by the Tribunal on May 23, 2002. According to the petitioner, the certified copy of the award was obtained by his counsel on July 19, 2002. But according to him, MACA.No.153/03 2 he did not get any information about the receipt of the copy. He made enquiries about the case “ only a few weeks ago”. It is further stated by him that he could not travel to Ernakulam because of his old age and illness. This appeal was filed on June 19, 2003. The affidavit does not reveal as to when he obtained the copy of the award from his counsel. The affidavit is totally unsatisfactory. In that view of the matter, we are not satisfied that the inordinate delay of 295 days is is liable to be condoned. Therefore, the delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.153/03 3