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 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 152 of 2010() ---------------------- OPMV.251/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): PETITIONER ------------------------ ANAND,S/O.SOMARAJAN,ASWATHY BHAVAN, BEHIND NEW LIC BUILDING,ATTINGAL.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENT(S): RESPONDENTS -------------------------- 1. A.NOUSHAD,S/O.ABDUL AZEEZ,PUTHUVAL PUTHEN VEEDU,CHANTHAVILA,SAINIKA SCHOOL.P.O, THIRUVANANTHAPURAM. 2. HASHIM.Y,YUSUF,LAKSHOM VEEDU NO.42, ANDOORKONAM.P.O,THIRUVANANTHAPURAM. 3. DISTRICT INSURANCE OFFICER,KERALA STATE INSURANCE DEPARTMENT,THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln. No.174 of 2010 & M.A.C.A.No.152 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 1687 days in filing the appeal. 2. Petitioner suffered from injuries in a motor accident which occurred on December 23, 1999. According to him, he sustained injuries like fracture shaft of the left femur and left clavicle. The Tribunal awarded a total sum of Rs. 36,000/- with interest, cost etc. as compensation. 3. The award was passed by the Tribunal on December 23, 2004. According to the petitioner he was a minor ( 11 years) at the time of the accident and also when the Tribunal passed the award. He alleged that he came to know about the award only on October 20, 2009, though he became a major on May 17, 2006. After coming to know about the award, he contacted his lawyer, who prepared and filed MACA.No.152/2010 2 this appeal on November 12, 2009. It is thus the delay of 1687 days has occurred. There is not even a whisper as to why petitioner's father who had prosecuted the claim petition, did not take any steps to prefer an appeal, if , in fact, the amount awarded by the Tribunal was too low and inadequate. Even the explanation offered by the petitioner with regard to the long lapse of three years from the date of attainment of majority till the date of knowledge of the award is not explained properly. Having carefully perused the avernments in the affidavit filed in support of the application and having perused the award, we do not find any reason to condone the inordinate delay of 1687 days in filing the appeal. There is no merit in the application . Therefore, the application is dismissed. Consequently, the Appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.152/2010 2