IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1830 of 2008() ----------------------- OPMV.574/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/ 3RD RESPONDENT ------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONERS 1 AND 2 AND RESPONDENTS 1 AND 2 -------------------------------------------------------------------------------------------------------------- 1. MELE KOZHISSERI ABDURAHIMAN, AGED 63, S/O. AVARAKNKUTTY MOLLA, AINATH HOUSE, P.O. MUTHUPARAMBA VIA KONDOTTY. 2. KADEEJA, W/O. ABDURAHIMAN, AGED ABOUT 53, -DO- 3. MUHAMMED MUSTHAFFA.K.N, S/O. USMAN, KUZHIYENGAL NEETTUR, CHUNDAKKAD.P.O, VILAYIL. 4. K.K. ABDULLA, S/O. KUTTI MOHAMMED HAJI, KANNATH HOUSE, KUZHIYENGAL KORANGAL, P.O. VILAYAIL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A. NO: 1830 OF 2008 AND C.M.Appln. Nos: 1778/08 & 1848 of 2008 ----------------------------------------------------------- Dated this the 19th August, 2008. JUDGMENT Koshy, J. This appeal is filed by the insurance company with a petition to condone the delay of 205 days in filing the appeal and also with a petition to condone the delay of 143 days in curing the defects. The only contention raised by the appellant-insurance company is that claimant is a passenger in a private vehicle and is not covered under the policy. But such a contention was not raised in the written statement or additional written statement filed by the insurance company before the Court. There was no pleading or proof. Hence there is no merit in the appeal. We also note that in the petition for condoning the delay of 143 days in curing the filing defect, no valid reasons are given. Apart from administrative reasons no satisfactory grounds are shown for condoning the delay in filing the appeal also. So C.M.Appln. Nos: 1778/08 and 1848/08 are dismissed. Consequently appeal also stands dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: