IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 MACA.No. 2796 of 2009() ----------------------- OPMV.576/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA DT.9.4.08 .................... APPELLANT/PETITIONER: -------------- SANTHA D/O. PANKAJAKSHY, THUNDATHIL VEEDU, CHERTHALA SOUTH P.O., CHERTHALS,. BY ADV. SRI.T.B.SARASAN RESPONDENTS/ RESPONDENTS: --------------- 1. PONNAPPAN @ KUTTAN S/O. FRANCIS, VANASWARGATHUVELI VEEDU, CHERTHALA P.O., CHERTHALA. 2. V. SASI, ILLATHUVELI VEEDU, CHERTHALA SOUTH P.O., CHERTHALA. 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, CHERTHALA. R3 BY ADV. SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M. Appl. No.3295 of 2009 and M.A.C.A. No.2796 of 2009 ------------------------------------------------------------ Dated this the 9th day of March, 2011 JUDGMENT A.K. Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 267 days in filing the appeal. 2. Today when the appeal is taken up for consideration neither the petitioner nor his counsel is present. However, we have perused the affidavit filed in support of the application and the impugned award as well. 3. The tribunal passed the impugned award on April 09, 2008. But according to the petitioner the application to obtain certified copy of the award could be filed only on October 15, 2008 due to a bonafide mistake committed by the clerk of the counsel. It is seen from the endorsement or the copy of the award that it was received by the counsel on March 17, 2009. After receipt of the copy, the petitioner could not meet his counsel, since he was laid up due to C.M. Appl. No.3295 of 2009 and M.A.C.A. No.2796 of 2009 2 Chickengunia. According to the petitioner he met the counsel last week, while he was on his way to the hospital. The delay of 267 days has occurred, according to deponent, in the above facts and circumstances. Having perused the affidavit we are not at all satisfied with the so called explanation offered by the petitioner. A perusal of the award would show that a sum of Rs.80,750/- has been awarded under various heads for the two injuries sustained by the petitioner namely degloving injury left hand, and fracture shoulder bone (L). The Tribunal has considered the relevant aspects of the case and awarded a just and reasonable compensation. In any view of the matter the so called reason stated by the petitioner for condonation of delay is not at all satisfactory. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc