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 28TH MAY 2010 / 7TH JYAISHTA 1932 MACA.No. 683 of 2010() ---------------------- OPMV.1732/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ GIRIJA MANI.S.,AGED 49 YEARS, WIFE OF JAYASANKAR,POOJA, AYYANAD LANE, CHANDRATHIL ROAD, EDAPPALLY P.O. BY ADV. SRI.ANIL S.RAJ RESPONDENT(S): RESPONDENTS --------------- 1. THE PROPRIETOR, M/S.NIXON DRIVING SCHOOL.N.G.O.QUARTERS JUNCTION, KAKKANAD P.O.,KOCHI - 682030. 2. SHHIBU @ SHIBUMON,S/O.KUJAPPAN, KARUPARAMBIL HOUSE,CHANDRATHIL ROAD, PADIVATTOM,EDAPPALLY P.O.,KOCHI-682024. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER, BRANCH OFFICE ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.M.Appln.880/2010 and M.A.C.A. 683 of 2010 ------------------------------------------------------ Dated: MAY 28, 2010 JUDGMENT Basheer, J. The prayer in this application filed under sec.5 of the Limitation Act is to condone the delay of 545 days in filing the appeal. 2. The impugned award was passed by the Tribunal on May 31, 2008. But it is averred by the deponent in the affidavit that she could not take any steps to file the appeal because of financial difficulties. She concedes that the copy of the award was received on December 4, 2008. It is further stated that the office of her counsel had informed her that the copy of the award could not be traced out for some time. The affidavit is totally vague about the period during which the copy of the award had been allegedly “missing” from the office of the advocate. Having heard the learned counsel for the appellant and having perused the affidavit, we are not satisfied that the inordinate delay of 545 days has been properly explained. Therefore the application is dismissed. Consequently the appeal is also dismissed. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-