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 18TH MAY 2010 / 28TH VAISAKHA 1932 MACA.No. 707 of 2010 ------------------------------------- OPMV.30/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT: -------------------- RATHEESH, S/O. NACHUVEETTIL, KALAVOOR P.O., AGED 34 YEARS, MARARIKULAM SOUTH GRAMA PANCHAYTH, KALAVOOR P.O., WARD - 6, ALAPPUZHA DISTRICT. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS / RESPONDENTS ----------------------------------------------------- 1. M.PALANISWAMY, 6/26, NAMBIYAMPALAYAM P.O., AVANASHI, TAMIL NADU STATE. 2. M.A.HABIBULLAH, S/O. ABDUL RAZAK, 50 KARAMADI ROAD, NEAR SIVARANJALI THEATRE, METTUPALAYAM, COIMBATORE DISTRICT, TAMIL NADU STATE. 3. UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANGER, DIVISIONAL OFFICE, MULLACKAL, ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.907 OF 2010 & M.A.C.A.No.707 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May 2010 JUDGMENT Basheer, J. In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 418 days in filing the appeal. 2. Admittedly, the impugned award was passed by the Tribunal on October 15, 2008. But according to the petitioner/appellant, his counsel had informed him that the outcome of the case would be communicated to him as soon as the award was passed. But no information came about the case for quite a long time. Petitioner could not contact his counsel due to his “ailment”. Ultimately in January 2010, he went to the office of his counsel in connection with another case and only then he knew about the passing of the award. It is thus that the delay of 418 days has occurred, according to the petitioner. 3. A perusal of the endorsements on the certified copy of the award shows that a copy application was filed only on January 16, 2010. We have also perused the impugned award. It is seen that petitioner has been awarded a sum of Rs.2,75,000/- with interest and cost for the injuries sustained by him in the accident. Eventhough the petitioner did not choose to get himself examined in the case, the documents produced by C.M.Appln.No.907 OF 2010 & M.A.C.A.No.707 OF 2010 :: 2 :: him were elaborately considered by the Tribunal and keeping in view the injuries sustained by him the Tribunal awarded a reasonable amount of compensation which, in our view, is just and fair in the facts and circumstances of the case. For that reason also we are satisfied that this appeal need not be entertained with such an inordinate delay. Anyhow, the affidavit filed in support of the application for condonation of delay is not at all satisfactory. Therefore, the application is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes