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 3RD JUNE 2010 / 13TH JYAISTHA 1932 MACA.No. 772 of 2010() ---------------------- OPMV.2524/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ SOMAN K.P., AGED 46 YEARS, S/O. PAPPU, KALARICKAL HOUSE, VADACODU P.O., THEVACKAL, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY SRI.ARUN GOPAN G. RESPONDENT(S): RESPONDENTS -------------------------- 1. P.K.NANDANAN, S/O. PAPPU, KALARICKAL HOUSE, EDATHALA P.O., ALUVA SOUTH. 2. THE NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, BRANCH OFFICE, KALAMASSERY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.999 OF 2010 & M.A.C.A. No.772 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 581 days in filing the appeal. 2. The Tribunal passed the impugned award on June 7, 2008. It is admitted by the petitioner/appellant that an application for obtaining certified copy of the award was filed by his counsel on November 13, 2008 and the copy was ready on 25th of that month. But according to the petitioner “ he was away in Bombay in connection with a minor employment”. He could come back from his work place only in the first week of April 2010. On his arrival, he enquired about the case and collected the copy of the award from his counsel and filed the appeal . It is thus the delay has occured, according to the petitioner. Having perused the averments in the affidavit, we are not at all satisfied with the so called explanation offered by the petitioner. Therefore, the delay petition is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.