IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 MACA.No. 2370 of 2010() ----------------------- OPMV.1546/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER: ------------------------- HARIDASAN, S/O.KARUNAKARAN, AMBIKA BHAVAN, KOMANA, AMBALAPPUZHA FROM PULIMOOTTIL VADAKKETHIL, CHINGOLI P.O., KARTHIKAPPALLY, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): RESPONDENTS --------------- 1. RAJAN, S/O.MADHAVAN, GNANAPTHY VILASAM VEEDU, CHAVARA P.O., KOLLAM-691 583. 2. ANILKUMAR, ROHINI, KULANGARA BHAGUM, CHAVARA P.O., KOLLAM-691 583. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, P.B.NO.228, LIC BUILDING, CHINNAKKADA, KOLLAM-691 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln. No.3079 OF 2010 & M.A.C.A.No.2370 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 604 days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 17, 2008. According to the petitioner/appellant, he had made arrangements to file an appeal and the Clerk attached to his counsel before the Tribunal had informed him that certified copy of the award would be obtained only by the end of March 2009. Though frequent enquiries were made by the petitioner, he did not get any information from the Clerk. Thereafter, in May 2010, he contacted his counsel, who informed him that his Clerk had left his office. Immediately, arrangements were made to get the copy of the award. 3. The endorsements on the certified copy of the award would show that copy application was filed only on July 24, 2010. Even if the version of the petitioner that he had contacted his counsel in May 2010 MACA.No.2370/2010 2 is to be believed, there is no explanation why steps were not taken immediately to apply for a copy. Still further, there is no explanation why the petitioner waited till May 2010 to make enquiry about the copy. In any view of the matter, 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.2370/2010 2