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 10TH AUGUST 2010 / 19TH SRAVANA 1932 MACA.No. 1434 of 2010() ----------------------- OP(MV) 669/1996 OF MACT, TIRUR APPELLANT(S): PETITIONER ------------------------ ALUNGAL MARIYAMMU, AGED 31 YEARS, W/O.LATE MOIDUTTY, P.O.KADAMPUZHA, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): RESPONDENTS 1,2,3 -------------------------------- 1. M.P.KUNHAVU ALIAS KUNHUTTY, S/O.MOIDEENKUTTY, MELEPEEDIKAKKAL HOUSE, P.O.VADAKKUMPURAM, VALANCHERRY VIA, TIRUR TALUK (DRIVER). 2. C.P.MOIDEENKUTTY, S/O.MOHAMMED, CHERUPARAMBIL HOUSE, P.O.THIRUNAVAYA, MALAPPURAM DISTRICT, (OWNER OF JEEP). 3. M/S.ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, THAZHEPALA, TIRUR, MALAPPURAM DISTRICT. (INSURER OF JEEP) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.M.APPLN.1799 of 2010 and M.A.C.A. 1434 of 2010 ------------------------------------------------------ Dated: AUGUST 10, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 3041 days in filing the appeal. 2. The impugned award was passed by the Tribunal on November 24, 1999. But, according to the petitioner/appellant, the clerk attached to the counsel who represented him before the Tribunal did not inform her about the passing of the award. But on enquiry she came to know about it later. Thereafter as requested by the petitioner, a copy application was filed on March 31, 2001 and the copy was obtained by the petitioner on May 8, 2001 and thereafter “she fell sick”. Later she entrusted the file to her counsel in the High Court on July 12, 2008 and the appeal was filed on July 27, 2008. By that time the delay of 3041 days had occurred. 3. It may be noticed that even after filing the appeal, there occurred 680 days delay in re-presenting the appeal after curing the defects which were noticed by the Registry. The said delay was however condoned by this Court. But the averment in the affidavit C.M.APPLN.1799 of 2010 and M.A.C.A. 1434 of 2010 2 that she was laid up from 2001 to 2008 is not supported by any document. There is no clue as to what was her ailment. The affidavit is totally unsatisfactory. 4. Having perused the averments made in the affidavit filed in support of the application for condoning the delay of 3041 days, we are not at all satisfied with the so called explanation now offered by the petitioner. Therefore the delay petition is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-