IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 24TH SEPTEMBER 2007 / 2ND ASWINA 1929 MFA.No. 69 of 2007 -------------------- WCC.12/2003 of W.C.C.,ERNAKULAM .................... APPELLANT: SECOND OPPOSITE PARTY -------------------------------------------- THE MANAGER NATIONAL INSURANCE COMPANY LTD. STATUE JUNCTION TRIPUNITHURA-682301 BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: APPLICANTS & O.P.-1 ------------------------------------------- 1. K.K.SREELATHA, W/O.LATE ANAND KALLARACKAL HOUSE NELLAD POST, VEETTOOR-686724 2. AKSHAL ANAND, S/O. ANAND, -DO- -DO- 3. ABHISHEK ANAND, S/O. ANAND, -DO- 4. ANIL VARMA, PROPRIETOR, VARMA CONSTRUCTIONS, BUILDING CONTRACTORS, 17/369B SANSCRIPT COLLEGE ROAD, TRIPUNITHURA BY ADV. SRI.M.A.SHAFIK SRI.JOHN NUMPELI (JUNIOR) SRI.AJITH.V. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S. RADHAKRISHNAN & A.K. BASHEER, JJ. ------------------------------------------------------------------- C. M. Application No 756 of 2007 in M.F.A. No 69 of 2007 ------------------------------------------------------------------ Dated: September 2007 JUDGMENT Radhakrishnan, J. C.M. Application No 756 of 2007 is filed to condone the delay of 515 days in filing the appeal. We have perused the affidavit filed in support of the petition. Sufficient grounds have not been made out to condone the delay. Further, facts would indicate that even though appellant received notice from the Commissioner for Workmen's Compensation, they did not appear. This is a case of death. Claimants are the widow and minor children of the deceased. The application for condonation of delay is therefore dismissed. Consequently appeal is also dismissed. Sd/- K.S. RADHAKRISHNAN Judge Sd/- A.K. BASHEER Judge 24/09/2007en [true copy]