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 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 1749 of 2006() ----------------------- OPMV.943/1996 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): APPLICANT ----------------------- SARASWATHI, MINOR, REP. BY HER FATHER MR.KUTTIKRISHNAN NAIR, EDAKKANDIYIL HOUSE, MALLAYAMMA AMSOM, CHATHAMANGALAM DESAM, KOZHIKODE. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): RESPONDENTS --------------- 1. IBRAHIM, S/O.BEERAN, KOTTAKKATTIL HOUSE, PUNNAKKAL DESOM, KOZHIKODE. 2. PATHUMMA, W/O.ALI, KIZHAKKAYIL HOUSE, VENNAKKODE AMSOM, CHATHAMANGALAM DESOM, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., CBF ROOM NO.14212, MAVOOR ROAD JUNCTION, SEEMA TOWER, CALICUT. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------------- C.M. Appln. 1850 of 2006 & M. A.C.A. 1749 of 2006 ------------------------------------------------------------ Dated: MAY 17, 2010 JUDGMENT Basheer, J. In this application filed under sec.5 of the Limitation Act, the prayer is to condone the delay of 499 days in filing the appeal. It is averred by the petitioner who represents the appellant that he got a copy of the award only on September 1, 2005 though the award was passed on February 28, 2005. But according to the petitioner he was out of station due to some family problems and therefore he could not consult an advocate to prefer the appeal. 2. We have carefully perused the averments in the affidavit. We are not at all satisfied with the explanation offered. Therefore the petition for condonation is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-