IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 MACA.No. 672 of 2011() ---------------------- OPMV.241/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- SANDEEP, AGED 25 YEARS, S/O.BHARATHAN, ERUMATHALI HOUE, PPOTHADI POST, POOTHADI VILLAGE, S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT/RESPONDENT NO.3 --------------- THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD, KALPANA SHOPPING COMPLEX, KALPETTA, WAYANAD DISTRICT-677 121. (INSAURER OF KL-10 M/9914,POLICY NO.570309/39/04/ 6700166). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1100 OF 2011 IN M.A.C.A.No.672 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June,, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 502 days in filing the appeal. 2. The impugned award was passed by the Tribunal on March 24, 2009. It is seen that free copy of the award was obtained on April 29, 2009. But according to the petitioner, he could not file the appeal within time, since he was out of station in connection with his employment. He further states that he was laid up with chicken pox for which he underwent Ayurvedic treatment from March 20, 2009. The doctor advised him to take bed rest for complete cure of his illness. It was therefore that he could not meet his counsel. Ultimately, he recovered from his illness in the second week of November 2010 and made arrangements to file the appeal which is seen to have been filed on November 18, 2010. Thus it is seen that from March 09 till November 2010, he underwent Ayurvedic treatment for chicken pox. MACA.No.672/2011 2 The above explanation is wholly unbelievable and untenable, to say the least. In any view of the matter, we are not at all satisfied with the 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.672/2011 3