IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2292 of 2010()
1. P.NISSAR, AGED 56 YEARS,
... Petitioner
Vs
1. BHARATHAN, S/O.KANDAKUTTY,
... Respondent
2. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.R.SUDHISH
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :19/11/2010
O R D E R
A. K. BASHEER & P.Q. BARKATH ALI, JJ.
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C.M.Appln.No.2897 of 2010 &
M.A.C.A.No.2292 OF 2010
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Dated this the 19th day of November, 2010
JUDGMENT
Basheer, J.
The prayer in this application filed under Section 5 of the Limitation
Act is to condone the delay of 755 days in filing the appeal.
2. The impugned award was passed by the Tribunal on November
5, 2007. But according to the petitioner/appellant, even though the copy of
the award was obtained on July 2, 2008 and his counsel had advised him to
file an appeal, he could not do so, since he was perplexed and did not know
what to do. Thereafter in 2009, he came to know that as against the award
in the connected case, the claimant had filed an appeal. At that time also,
petitioner was not in a position to take any steps since he was involved in
another accident and was advised to take bed rest for three months. Still
further, due to heavy rain in June-July, there was leakage in his house and
repair had to be carried out. The copy of the award was misplaced
somewhere. It could be traced out in the last week of August 2010. At last
in the second week of September 2010, he entrusted the matter to his
MACA.No.2292/2010 2
counsel. It is thus the present appeal has been filed.
Having carefully perused the averments in the affidavit, we are not at
all satisfied with the so called explanation offered for condonation of 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.2292/2010 2