IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 743 of 2011() ---------------------- OPMV.222/2007 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER ------------------------ PATHUMMA, W/O. ABDULLA, AGED 43 YEARS, RESIDING AT NAMBICHANKANDY HOUSE, P.O.MATTYLAM, (VIA) VELLAMUNDA, WAYANAD. BY ADV. SRI.V.S.CHANDRASEKHARAN KUM.D.MINI RAJAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/ RESPONDENTS -------------------------- 1. THE MANAGING PARTNER, MANJILLAS RICE MILLS, KOTTAKKAD, TIRUR. 2. JOBY P.C., S/O. CHACKO, AGED 28 YEARS, RESIDING AT PUTHAN PARAMBIL HOUSE, MAROTTUCHAL P.O., FEROKE, KOZHIKODE. 3. ICICI LOMBARD GENERAL INSURANCE COMPANY, XXX/508/15, SREE BHAGAVATHY APARTMENTS, BEHIND SIVA TEMPLE, PUNKUNNAM P.O., THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1185 OF 2011 IN M.A.C.A.No.743 OF 2011 & M.A.C.A.No.743 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 360 days in filing the appeal. 2. The impugned award was passed by the Tribunal on February 15, 2010. But according to the petitioner/appellant, he was away in Kasargod during that period in connection with the operation of his daughter and therefore he could not contact his counsel and take steps to file the appeal. Ultimately, in April 2010, he got free copy of the award, when he contacted his counsel. Thereafter, application was filed for obtaining a certified copy of the award which was delivered to his counsel in April 2011. But due to financial difficulty, he could not come down to Ernakulam immediately. More over, his brother-in-law also got involved in an accident in November 2010. It is curious to note that petitioner who hails from Wayanad district, had gone all the way MACA.No.743/2011 2 to Kasargod for his daughter's operation. Having perused the averments in the affidavit filed in support of the application, we are not at all satisfied with the so called explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.743/2011 3 MACA.No.743/2011 4