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 28TH JUNE 2011 / 7TH ASHADHA 1933 MACA.No. 765 of 2011() ---------------------- ( O.P.(MV) NO.611/2006 OF PRL. MACT, KOZHIKODE) APPELLANT/ PETITIONER ------------------------ RITHUN, AGED 20 YEARS, D.O.B.21/05/1991 KRISHNAN, NERAMPARAMMAL HOUSE, TACHAMPOYIL POST, THAMARASSERY VIA, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS/RESPONDENTS -------------------------- 1. VISHNUDASAN, S/O.APPUKUTTY, AGED 45 YEARS, KELOTHPARAMBATH HOUSE, M.M.PARAMBU POST UNNIKULAM, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD., VELIMANNA BUILDING, MAIN ROAD, THAMARASSERY POST, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.1222 OF 2011 IN M.A.C.A.No.765 OF 2011 & M.A.C.A.No.765 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 499 days in filing the appeal. 2. The impugned award was passed by the Tribunal on September 29, 2009. But according to the petitioner/appellant, he was away in Coimbatore in connection with his studies and therefore he could not contact his counsel. Thereafter, he contacted his counsel in May 2010 and then only he came to know that the Tribunal had already passed the award. Immediately, a copy application was filed. 3. But the endorsement on the certified copy reveals that copy application was filed only on March 18, 2011 and the copy was delivered on April 1, 2011. However, the appeal is seen to have been filed only on May 23, 2011. Having perused the averments in the affidavit filed in support of MACA.No.765/2011 2 the application, we are not at all satisfied with the so called explanation offered by the petitioner to condone 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. MACA.No.765/2011 2 MACA.No.765/2011 2