IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 22ND DAY OF NOVEMBER 2013/1ST AGRAHAYANA, 1935 MACA.No. 1923 of 2007 ( ) -------------------------- AGAINST THE AWARD IN OPMV 554/1998 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, WYNAD DATED 31-08-2006 APPELLANT (PETITIONER): ---------------------------------------- THANKACHAN @ DEVASSIA, S/O. MATHAI, AGED 38, KAPPALLUMACKAL HOUSE, THALAPUZHA P.O. MANANTHAVADY. BY ADV. SRI.N.J.ANTONY RESPONDENTS/(RESPONDENTS): -------------------------------------------------------- 1. RIYAS, S/O. MOIDU, AGED 20 YEARS, PUNATHIL HOUSE, THAVINHAL AMSOM, IDIKKARA DESOM MANANTHAVADY. (DRIVER OF MOTOR CYCLE NO.KL-11/D-6792 D.L.NO. NOT KNOWN). 2. SANKARAN NAMBOODIRI, AGE NOT KNOWN, S/O. MADHAVAN NAMBOODIRI, PUTHEN VEEDU MANANTHAVADY. 3. UNITED INDIA INSURANCE COMPANY, KALPETTA. (POLICY NO.106306/31/019/11/019/04536/1997). R3 BY ADV. SRI.SIBY MATHEW R3 BY ADV. SRI.SURAJ PHILIP JACOB THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jm/ S.S. SATHEESACHANDRAN, J., --------------------------------------- M.J.C. No.558 Of 2013 & C.M.Appln. No. 2707 Of 2013 IN M.A.C.A. No.1923 OF 2007 --------------------------------------- Dated this the 22nd day of November, 2013. JUDGMENT Application has been filed to restore the appeal, which was dismissed for default with a petition to condone delay of 1176 days in moving for restoration. Claimant who was dissatisfied with the quantum of compensation fixed by the tribunal filed the above appeal, which was dismissed for not taking steps against respondents despite specific orders to do so. Appeal was filed with a delay petition and after condoning delay it was admitted and notice ordered to respondents. Looking into the affidavit sworn to for condoning the inordinate delay in seeking restoration, it is seen, the cause pleaded is the absence of his counsel on the hearing date as if the dismissal of appeal was on the ground of non-representation. I find no sustainable justified ground has been made out for condoning delay. M.J.C. No.558/13 & C.M.Appn. No. 2707/13 IN M.A.C.A. No.1923/07 2 Petition for condoning delay and application for restoration are dismissed. Sd/- S.S. SATHEESACHANDRAN JUDGE sd // True Copy // P.A. to Judge