IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 MACA.No. 989 of 2009() ----------------------------------- OP(MV)NO .305/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER ------------------------------------------- BIJU, S/O.VASUDEVAN, KOCHUTHAICHIRA VEEDU, ANAPARAMBIL NORTH, THAIVADY, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S)/ RESPONDENTS -------------------------------------------------- 1. SANESHKUMAR, S/O.VISWAMBARAN, KOCHUTHARA, RAMANKARY, ALAPPUZHA. 2. P.R.SIVAPRASAD, NADUVILEPARAMBU, MAMBUZHAKARI, ALAPPUZHA. 3. UNITED INDIA INSURANCE COMPANY LIMITED, CHANGANASSERY BRANCH, REP. BY IS BRANCH MANAGER, CHANGANASSERY, ALAPPUZHA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts A.K. BASHEER & P.Q. BARKATH ALI, JJ. --------------------------------------------- C.M.Application No.1156 of 2009 & M.A.C.A. No. 989 of 2009 -------------------------------------------------- Dated this the 8th day of April, 2011 JUDJMENT A.K. Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 742 days in filing the appeal. The impugned award was passed by the Tribunal on January 5, 2007. But it is admitted by the petitioner that an application for obtaining a copy of the award was filed only on March 28, 2009 and the copy was obtained on May 7, 2009. But according to the petitioner the delay in filing the appeal occurred, only because he did not get information about passing of the award from his counsel for more than two years. The above explanation is totally sketchy and unsatisfactory to say the least. Therefore the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc