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. 839 of 2007 ---------------------------------- OPMV.2158/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT / PETITIONER: ------------------------------------------- MANIKANDAN S., S/O.SURILLA PILLAI, PARAYIL HOUSE, KANAKKARI P.O., KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. M.C.CHANDY, S/O.M.C.CHACKO, MUKALEL HOUSE, NEENDOOR. 2. DIVAKARAN, S/O.GOVINDAN, KULAPPURA THOTTIYIL HOUSE, ELAKKADU VILLAGE, KURAVILANGADU P.O. 3. NATIONAL INSURANCE CO.LTD., KOTTAYAM. ADV. SMT.SARAH SALVY 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.800 OF 2007 & M.A.C.A.No.839 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of May 2010 JUDGMENT Basheer, J. The prayer in this application filed under Section 5 of the Limitation Act is to condone the delay of 807 days in filing the appeal. By the impugned award which is under challenge in this appeal, the petitioner/appellant has been awarded a sum of Rs.14,500/-. 2. It is seen from the affidavit filed in support of the application for condonation of delay that “there occurred a delay in receiving the copy of the award” from the Tribunal. It is conceded by the petitioner that copy of the award was ready on September 22, 2004. But according to the petitioner, copy was received by him only on June 27, 2006. But still the appeal is seen to have been filed only in February 2007. There is absolutely no explanation for the delay of more than 7 months between June 2006 and February 2007. 3. We have also perused the impugned award. It is seen that the petitioner did not get himself examined. He had also not produced any medical records to show that he had suffered any disability because of the injury. Apart from the wound certificate and the discharge card, no other medical records were produced. Having regard to the entire facts and circumstances, we are not at all satisfied not only with the explanation offered for the delay but also with regard to the merit of the case. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes