IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 MACA.No. 3067 of 2008() ----------------------- OPMV.1648/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER: --------------------------- ANILKUMAR, S/O.MADHAVAN, PERUMATTATHU, KANJIRAKKADU, PERUMBAVOOR. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. RAJAN.V.V., VILANJATTIL HOUSE, OKKAL P.O., PERUMBAVOOR. 2. SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), S.P.OFFICE, ALUVA. 3. KERALA STATE REP.BY THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 4. MANAGER, UNITED INDIA INSURANCE CO.LTD., ALUVA BRANCH. 5. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM, KERALA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL RAHIM, JJ. -------------------------------------------- M.A.C.A. No. 3067 OF 2008 & C.M. Appln. NO. 3120 of 2008 in M.A.C.A. No. 3067 of 2008 -------------------------------------------- Dated this the 15th day of January, 2009 JUDGMENT Ramachandran Nair,J. There is inordinate delay of 410 days in filing the appeal. In the first place, we are not satisfied about the grounds in support of the delay condonation petition. Further on going through the award, we find that the clear finding of the MACT is that petitioner-appellant has caused the accident, while driving the two wheeler under the influence of alcohol. The collision is against a jeep which was going on the road keeping correct side and the finding of the MACT is that accident is solely attributable to the petitioner. In the circumstances, claim petition was rightly rejected and prima facie the award of the MACT is tenable. Consequently delay condonation petition and the appeal are dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL RAHIM) Judge. kk 2