IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 575 of 2010()
1. ULPILA ALAVIKKUTTY, AGED 56 YEARS,
... Petitioner
Vs
1. K.SHAMSUDIN, S/O.KUNJAHAMMED,
... Respondent
2. K.CHACKO, S/O.JOSEPH,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :22/03/2010
O R D E R
A.K.BASHEER & P.Q. BARKATH ALI, JJ.
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M.A.C.A No.575 of 2010
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Dated this the 22nd March, 2010
J U D G M E N T
Basheer,J.
In this application filed under Section 5 of the
Limitation Act, the prayer is to condone the delay of 554
days in filing the appeal against the award passed by the
Motor Accidents Claims Tribunal, Manjeri.
2. The award was passed by the Tribunal on May
30, 2008. However, in the affidavit filed in support of the
application, it is averred by the petitioner/appellant that he
could file a copy application to obtain a copy of the award
only on August 04, 2009 due to an “inadvertent omission”.
Admittedly he obtained the copy on August 25,2009. But
the appeal is filed only on March 15, 2010.
3. Curiously the affidavit is seen to have been
signed by the petitioner on June 10, 2009. The counsel is
also seen to have attested the same on the same day.
Obviously, the petitioner has cooked up a story for the
purpose of this application to condone the inordinate
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delay. We are not at all satisfied with the explanation
offered by the petitioner/appellant. Significantly there is
no explanation whatsoever as to what prevented the
petitioner/appellant from filing the appeal immediately
after getting the copy of the award in August, 2009.
Therefore, the application is rejected. Consequently
the appeal is also dismissed.
A.K.BASHEER,JUDGE
P.Q. BARKATH ALI, JUDGE
ma
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