IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 MACA.No. 815 of 2010 ------------------------------------ OPMV.1066/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER IN O.P.(MV): ------------------------------------------------------------- ALEXANDER E.C,AGED 44 YEARS,S/O.CHANDY ELLIKUNNUMPURATH HOUSE, SREEKANDAPURAM ALEX NAGAR, NEDUGONE PO, TALIPARAMBA TALUK. BY ADV. SRI.C.A.JOSEPH RESPONDENT/RESPONDENT IN O.P.(MV): ------------------------------------------------------------------- 1. E.C.THANKACHAN, S/O.CHANDY ELLIKKUNNUMPURATH HOUSE, JOSEPGIRI P.O. CHERUPUZHA, KANNUR DISTRICT. 2. ALOSHYOUS, S/O.JOSEPH, ALATHU HOUSE CHUNDAPARAMBU, ERVESSI PO, CHEMPERI, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD, BRANCH OFFICE MAREENA SHOPPING CENTRE, NATIONAL HIGHWAY TALIPARAMBA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appl.1052 OF 2010 & M.A.C.A.No.815 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 673 days in filing the appeal. 2. The impugned award was passed by the Tribunal on February 14, 2008. According to the petitioner, he had been undergoing continuous treatment for the injuries sustained by him and therefore he had to visit hospital frequently. He could not collect the copy of the award from the office of the counsel for that reason. According to him, the delay has occurred in the above circumstances. Having carefully perused the averments in the affidavit which is totally bereft of any satisfactory material, we are of the view that the inordinate delay is not 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 jes