IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 977 of 2005(G) ----------------------------------- O.P(MV).NO.1952/1994 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ CLAIMANT IN O.P. (MV) NO. 1952/94: ----------------------------------------------------------------------- A.A. SABINOS @ SABEENUS, AGED 30 YEARS, S/O. ANTONY, AKKAYAKATH HOUSE, SANTHOME, MUNDAMVELI P.O., COCHIN-682 507. BY ADV. SRI.R.SUDHISH, ADV. SMT.M.MANJU. RESPONDENTS/ RESPONDENT NO.1 TO 3 IN O.P. (MV) 1952/94: ------------------------------------------------------------------------------------------ 1. K.J. AUGUSTINE, S/O. K.V. JOSEPH, KOOTTALA HOUSE, ALANGAD P.O., ALUVA, PIN-683 511. 2. C.A. CLEETUS, S/O. ANTHAPPAN, CHOOLAPARAMBIL HOUSE, NEAR CHURCH, MADAPLA THURUTHU, MUTHAKUNNAM VILLAGE. 3. NATIONAL INSURANCE COMPANY LTD., BY ITS MANAGER, MTPC OFFICE, VETTIKATTIL BULDINGS, M.G. ROAD, KOCHI-16. ADV. SRI.LAL GEORGE FOR R.3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.977 OF 2005 and C.M.Appl.No.1363 of 2005 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 19 sustained injuries in a motor accident. The award was passed for Rs.3,00,000/= with 12% interest per annum from the date of application till its deposit. This appeal is filed with a delay condonation petition to condone the delay of 2865 days in filing the appeal. The reason stated for the delay is that the appellant was under Ayurvedic treatment for two years. No medical certificate was produced. Thereafter, he went to Bombay for assisting his uncle in his acquarium business and thereafter he started acquarium business in Kochi. Then only he searched certified copy of the award and it was found missing. We are of the view that no satisfactory reasons are stated for condoning the long delay in filing the appeal. Hence, the delay condonation petition is dismissed. Consequently, the appeal is also dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks