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 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 1299 of 2005 -------------------------------------- O.P.(MV)494/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT / CLAIMANT: ---------------------------------------- K.A.JOSEPH, AGED 64 YEARS, S/O.ANTHAPPAN, KAINIKATT HOUSE, KOTHAD P.O., VIA SOUTH CHITTOOR, PIN-682 027. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: -------------------------- 1. E.V.ALBERT, S/O.VARGHESE, EZHUTHYKKAL HOUSE, EROOR P.O., TRIPUNITHURA. 2. ROBIN, MOOKKANNIL HOUSE, KOTHAD P.O., ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BY ITS REGIONAL MANAGER, REGL. OFFICE, `SHARANYA', HOSPITAL ROAD, COCHIN-11. ADV. SRI.UNNI. K.K. (EZHUMATTOOR) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.1824 OF 2005 & M.A.C.A.No.1299 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 536 days in filing the appeal. 2. The impugned award was passed on February 16, 2002. However, the appeal is seen to have been filed on August 3, 2005. In the affidavit filed in support of the application for condonation of delay, it is seen admitted by the petitioner that he obtained the certified copy of the award on December 1, 2003 though copy application was filed on March 7, 2002. But, according to him, he was unaware about the period of limitation prescribed for the appeal. Moreover, he was undergoing Ayurvedic treatment on his right hand and right foot “periodically” after the accident. However, in the last week of December 2004, he sent his son to his counsel's office to collect the certified copy. But even after obtaining the copy, he could not engage a counsel to file the appeal because of Ayurvedic treatment. As mentioned earlier, the appeal was filed only on August 3, 2005. 3. Having perused the averments in the affidavit, we are not at all satisfied with the so called inordinate delay of 536 days in filing the appeal. We have also perused the impugned award. As against the claim C.M.Appln.1824 OF 2005 & M.A.C.A.No.1299 OF 2005 :: 2 :: of Rs.2,00,000/-, the Tribunal has awarded a sum of Rs.95,500/- as compensation for the injuries suffered to his right hand and right knee joint. Having regard to the nature of the injuries and the amount of compensation awarded, we are also of the view that the Tribunal has awarded a just and reasonable compensation to the appellant. Though Miss Manju made a very persuasive plea to condone the delay, we are not at all satisfied that sufficient reason has been shown by the appellant. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes