IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MACA.No. 2295 of 2010() ----------------------- OPMV.930/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT:PETITIONERS -------------- 1. MANIVEL, AGED 70 YEARS, HOUSE V.P.6/85 NELLIMALA JUNCTION, VANDIPERIYAR, IDUKKI DISTRICT 2. SUBRAMANIAM, S/O MANIVEL, AGED 38 YEARS HOUSE V.P.6/685, NELLIMALA JUNCTION VANDIPERIYAR, IDUKKI DISTRICT 3. PARASUNATHAN @ APPADURAI, S/O MANIVEL, AGED 36 YEARS, HOUSE V.P. 6/685, NELLIMALA JUNCTION VANDIPERIYAR, IDUKKI DISTRICT 4. M.PARAMESWARY, W/O MUNIYADAS KALLUNADU, ANAVILASAM, KUMILY 5. JASEELA, W/O AYYAPPAN, DIEMUKKU 3RD DIVISION ESTATE LINES, VANDIPERIYAR BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENT(S): RESPONDENTS --------------- 1. BABU, S/O JOSEPH MANIYALIL HOUSE, MLAMALA , THENGAKAL 2. GEORGE, S/O MARIAMMA MATHAI MANGARA HOUSE, 5TH MILE, VANDIPERIYAR 3. THE NEW INDIA ASSURANCE COMPANY LTD, KATTAPANA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------------------- C.M.Appln.No.2991 of 2010 & M.A.C.A.No.2295 OF 2010 --------------------------------------------------------- Dated this the 19th day of November, 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 396 days in filing the appeal. 2. The impugned award was passed by the Tribunal on April 26, 2007. But according to the petitioner/appellant, he could not file the appeal since there was nobody to help him. More over, the other appellants were employed in Tamil Nadu. Having carefully perused the averments in the affidavit, we are not at all satisfied with the so called explanation ( if we can call it so) offered for condonation of 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