IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 208 of 2007()
1. PRAKASH, SON OF VASU PILLAI,
... Petitioner
2. PRADEEP KUMAR, PARTNER,
3. SARAMMA AMMA, PARTNER,
4. PRASANNA, PARTNER,
Vs
1. N.GOPINATHAN, SHIBU VILASOM,
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent : No Appearance
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/12/2007
O R D E R
K.S.RADHAKRISHNAN & T.R.RAMACHANDRAN NAIR, JJ.
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M.F.A.No.208 OF 2007
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Dated this the 12th day of December, 2007
JUDGMENT
Radhakrishnan, J.
There is a delay of 606 days in filing the appeal. We have
perused the affidavit filed in support of the petition for condonation of
delay. It is stated that petitioner is trying to settle the matter with the
claimant. In fact a complaint was filed before the District Legal Services
Authority as O.P.No.22 of 2007. But the same could not be settled.
Hence there is delay in filing the appeal. The reasons stated in the
affidavit to condone the delay cannot be accepted. Accident had
occurred on 22/06/1996. The injured was at the age of 53 years and
the Tribunal had correctly granted the compensation considering the
age factor. Learned counsel for the appellant submits a sum of
Rs. 35,000/- was paid and the same should have been given credit.
Amount paid on humanitarian consideration cannot be adjusted towards
statutory liability. In the facts and circumstances, we find no reason to
condone the delay in filing the appeal. Therefore petition for
condonation of delay is dismissed. Accordingly, Appeal is dismissed.
K.S.RADHAKRISHNAN
JUDGE
T.R.RAMACHANDRAN NAIR
JUDGE
sv.