IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 MACA.No. 496 of 2011() ---------------------- OPMV.668/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/PETITIONERS: -------------- 1. V.S.LALITHAMMA,AGED 80 YEARS, M/O.DECEASED SREEKUMAR,CHAVARA HOUSE, THOTTUVATHALA.P.O,KAINAKARY,ALAPPUZHA. 2. S.BEENA,AGED 55 YEARS,SISTER OF DECEASED SREEKUMAR,CHAVARA HOUSE,THOTTUVATHALA.P.O, KANAKARY,ALAPPUZHA. 3. SHEEBA.L,AGD 48 YEARS,SISTER OF DECEASED SREEKUMAR,CHAVARA HOUSE,THOTTUVATHALA.PO, KAINAKARY,ALAPPUZHA. 4. S.SHUBHA,AGED 47 YEARS,SISTER OF DECEASED SREEKUMAR,CHAVARA HOUSE,THOTTUVATHALA.PO, KAINAKARY,ALAPPUZHA. 5. S.AJITH KUMAR,AGED 46 YEARS, B/O.DECEASED SREEKUMAR,CHAVARA HOUSE, THOTTUVATHALA.P.O,KAINAKARY,ALAPPUZHA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS/RESPONDENTS: --------------- 1. TOM.J.PANJIKKARAN,S/O.JOSEPH, PANJIKKARAN HOUSE,PUTHUVAL NIKARTHIL, CMC-5,CHERTHALA-688524 2. VARGHESE @ BENNICHAN,S/O.JOSEPH, PUTHUKKARI VEETTIL,NEAR NEDUMBRAKKADU CHURCH, CHERTHALA,KOKKOTHAMANGALAM VILLAGE-688. 3. THE DIVISIONAL MANAGER,UNITED INDIA INSURANCE CO.LTD,CHERTHALA-688524. 4. SADASIVAN @ SADAN,S/O.GANGADHARAN, MULLASSERIL VEEDU,NEAR GOVERNMENT H.S.VELIYANADU PANCHAYATH,WARD NO.3,KUTTANAD TALUK-688501. MACA.No. 496 of 2011 5. JACOB.N.A,S/O.ABRAHAM,NEDUMCHERAYIL HOUSE,MANCOMBU THEKKEKARA,ALAPPUZHA-690107. 6. THE DIVISIONAL MANAGER,NEW INDIA ASSURANCE COMPANY LTD.,MOOVATTUPUZHA-686671. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. --------------------------------------------- M.A.C.A. No. 496 of 2011 --------------------------------------------- Dated this the 24th day of May, 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 733 days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 26, 2008. But according to the deponent, who is appellant No.1 in the appeal, she could not contact her counsel promptly to know about the fate of the case because of her ailment, namely, Osteoarthritis. She further states that in January 2010 her son received information from her counsel that the copy of the award had been received in June 2009. Thereafter steps were taken to file the appeal. 3. It is seen from the endorsement on the certified copy of the award that an application to obtain the copy was filed only on February 18, 2011 and it was received on March 21, 2011. There is no whisper about the copy of the award that was admittedly obtained by her counsel in June 2009. 4. Even assuming the deponent had been ailing from M.A.C.A. No. 496 of 2011 2 Osteoarthritis, the children of the deponent who are the other appellants had not apparently taken any steps to file the appeal. It must be remembered that 5th appellant is a male, aged 43 years. Of course from the affidavit it is seen that he had met the counsel sometime in June 2009 itself, but still the appeal was not filed immediately. In any view of the matter, the explanation offered by the deponent for condonation of the inordinate delay is not at all satisfactorily. Therefore, the delay petition is dismissed. Consequently the appeal is also dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc