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 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 728 of 2011() ---------------------- OPMV.1160/2006 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------- ABDUL AZEEZ.K.K, S/O.MOIDEENKUTTY, AGED 42 YEARS, KULAPURATHUKUNI HOUSE, P.O.KUTTIKATTOOR, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN KUM.D.MINI RAJAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS --------------- 1. THE MANAGING DIRECTOR, EXCEL TIMBERS, KODAMPUZHA ROAD, PETTA, FEROKE P.O., KOZHIKODE-673 003. 2. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, INDIRA GANDHI ROAD, HEAD P.O., KOZHIKODE-673 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1163 OF 2011 IN M.A.C.A.No.728 OF 2011 & M.A.C.A.No.728 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 361 days in filing the appeal. 2. The impugned award was passed by the Tribunal on January 2, 2010. But according to the petitioner/appellant, he was away in Bombay in connection with his employment. In April 2010, when he contacted his counsel, he came to know that the Tribunal had already passed the award. He could not come to Ernakulam and take steps to file the appeal because of financial stringency. It is thus that the delay has occurred in filing the appeal. 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 to condone the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.728/2011 2 MACA.No.728/2011 2