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 26TH MAY 2010 / 5TH JYAISHTA 1932 MACA.No. 1740 of 2005 ------------------------------------ O.P.(MV)999/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT / PETITIONER: ------------------------------------------ KUNHALAN, S/O.MUHAMMED, KANNANKOLIL HOUSE, ELANKULAM.P.O., PALATHOLE. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------------------- 1. M.UMMER, S/O.MOIDEEN, MACHINGAL HOUSE, AMMINIKADU.P.O., THAZHEKODE. 2. M.MOIDEEN, S/O.ENTHEENKUTTY, MACHINGAL HOUSE, AMMINIKADU.P.O., PERINTHALMANNA. 3. UNITED INDIA INSURANCE COMPANY LTD., CHEROOTY ROAD, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.2423 OF 2005 & M.A.C.A.No.1740 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May 2010 JUDGMENT Basheer, J. This appeal was filed along with a petition to condone the delay of 45 days way back in September 2005. Notice was ordered on the delay petition on October 24, 2005. But the appellant did not pay process. When the case was posted before the registry on two occasions, there was no representation. Still on December 3, 2009 when the appeal came up before the bench, one last chance was granted to the appellant to take steps. Today when the case is taken up, neither the appellant nor his counsel is present. Therefore, the appeal is dismissed for non-prosecution. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes