IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 MACA.No. 598 of 2011 ----------------------------------- OPMV.1093/2005 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT/PETITIONER: ---------------------------------------- SADANANDAN, S/O. VAVA, PUNNAKKATTIL HOUSE, PINACHIRAKUZHY BHAGOM, ARPOOKARA KARA, ARPOOKARA VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------------------- 1. SAJIMON, S/O. THANKAPPAN, VETTIKATTU HOUSE, PULLYANNOOR KARA, PULLIYANNOOR VILLAGE PIN-686 573. 2. MADHU, S/O. THANKAPPAN, VETTIKATTU HOUSE, PULYANNOOR KARA, PULLIYANNOOR VILLAGE-686573. 3. UNITED INDIA INSURANCE COMPANY LIMITED JOY'S BUILDING, M.G.ROAD, KOCHI-682011. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1012 OF 2011 in M.A.C.A.No.598 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June 2011 ORDER Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 513 days in filing the appeal. 2. The impugned award was passed by the Tribunal way back on August 7, 2009. According to the petitioner, he had instructed his counsel to apply for a certified copy of the award. But his counsel informed him that a copy application had already been filed. Petitioner had been making periodic enquiries about the award also. But in fact when another claimant in the connected case made enquiries about the certified copy in his case, it was revealed that no application had been filed for obtaining the copy. Thereafter a fresh copy application was filed and a copy was obtained on March 29, 2011. The appeal has been filed immediately thereafter. Having carefully perused the averments in the affidavit filed in support of the application for condonation of delay, we are not at all satisfied with the explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.598 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June 2011 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes