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 MARCH 2011 / 12TH PHALGUNA 1932 MACA.No. 300 of 2011 ------------------------------------ OPMV.1289/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS : PETITIONERS: ----------------------------------------------- 1. LALI,AGED 38 YEARS,W/O.DECEASED RAVI, ARUVIDATHARA HOUSE, EDAYATTOOR DESOM, PO MELADOOR, THRISSUR DISTRICT. 2. AKHIL,AGED 11 YEARS,,MINOR REP.BY HIS MOTHER LALI,W/O.DECEASED RAVI, ARUVIDATHARA HOUSE, EDAYATTOOR DESOM, MELADOOR.PO,THRISSUR DISTRICT. 3. VELAYUDHAN,AGED 72 YEARS,F/O.DECEASED RAVI,ARUVIDATHARA HOUSE, EDAYATTOOR DESOM, MELADOOR.PO,THRISSUR DISTRICT. 4. AMMINI,AGED 69 YEARS, M/O.DECEASED RAVI,ARUVIDATHARA HOUSE, EDAYATTOOR DESOM ,MELADOOR.PO,THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS / DEFENDANTS: --------------------------------------------------- 1. CHANDRAN,S/O.KANNAN,CHANDROTH HOUSE, UNNICHIRA,THALASSERY PO, KANNUR DISTRICT, PIN 679 532. 2. JOY,S/O.VARGHESE,CHAKKALAMATTATH HOUSE, PUTHENCHIRA PO,PUTHENCHIRA VILLAGE DESOM, THRISSUR DISTRICT,PIN 680 682. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, SREEVALLI BLDG., ANICODE, CHITTOOR PO, PALAKKAD , PIN 678 101. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.480 OF 2011 in M.A.C.A.No.300 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March 2011 ORDER Basheer, J. Prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 447 days in filing the appeal. 2. The impugned award was passed by the Tribunal on July 29, 2009. But according to the deponent, she came to know about passing of the award only when she approached her counsel in the Tribunal in 2010. She further states that her counsel did not reveal the details of the award to her until copy of the award was delivered to her. She further states that her “bad health and regular ailment” prevented her from enquiring about the progress of the case. Even after receipt of the records from the counsel, she could not take immediate steps to file the appeal because of unavoidable and inevitable circumstances. 3. A perusal of the endorsements on the certified copy of the award shows that it had been delivered to the counsel on December 18, 2009. Curiously the petitioner does not reveal the exact month in 2010 when she had allegedly approached her counsel. The averments in the affidavit are totally vague. 4. We have nevertheless perused the impugned award. The Tribunal has awarded a sum of Rs.7,75,800 with 7% interest as against a claim of Rs.12,00,000/-. In our view, the Tribunal has awarded just and reasonable compensation in the facts and circumstances of the case. In any view of the matter, the so called explanation offered by the petitioner for condonation of the inordinate delay is not at all convincing or satisfactory. Therefore, the delay petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.300 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March 2011 JUDGMENT Basheer, J. In view of the dismissal of petition for condonation of delay, this MACA is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes