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 MARCH 2010 / 4TH CHAITHRA 1932 MACA.No. 630 of 2010() ---------------------- OPMV.3215/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER ------------------------ K.A.SAINUDHEEN, AGED 55 YEARS, S/O.K.ABDUL RAHIMAN, 21/1669, PUTHEN VEEDU, THANGAL NAGAR, PALLURUTHY, COCHIN - 6. BY ADV. SRI.R.SUDHISH SRI.MANJU M. RESPONDENTS/ RESPONDENTS -------------------------- 1. E.A.JACOB, S/O.ANTONY, ERAVELIL PARAMBU, 21/794, PERUMPADAPPU ROAD, PALLURUTHY, COCHIN - 6. 2. NATIONAL INSURANCE CO.LTD., BY ITS REGL.MANAGER, REGL.OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN - 35. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------- C.M.Appln.No.795 OF 2010 & M.A.C.A. No.630 OF 2010 --------------------------- Dated this the 25th day of March, 2010 J U D G M E N T ~~~~~~~~~~~ Basheer, J. In this petition, filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 1166 days in filing the above appeal. 2. The award was passed by the Tribunal on 18th April, 2006. It is admitted by the petitioner/appellant that he received a copy of the award on 12th June, 2006. But, according to him, he misplaced the copy of the award. At that time, his wife was undergoing treatment and his business was running in heavy loss. His son was put in another business in 2008 which resulted in heavy financial burden. In October, 2008, his daughter was admitted in the hospital for delivery. That also resulted in heavy financial commitment. Still further, in 2009, his wife had disc-prolapse. He had to meet the expenses for that M.A.C.A.No.630/2010 2 treatment as well. Anyhow, according to the petitioner, he applied for another certified copy in June, 2009, which was received by the counsel in November, 2009. Thereafter, he made arrangements to file the present appeal, which was ultimately filed on 11th February, 2010. These are, in short, the so called “reasons” given by the appellant to condone the inordinate delay. 3. Having perused the averments in the affidavit, we are not at all satisfied that the delay can be condoned. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. (A.K.BASHEER, JUDGE) (P.Q.BARKATH ALI, JUDGE) ps