IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1304 of 2007()
1. BALKEES.B., AGED 38 YEARS,
... Petitioner
2. JOEMATH THUMEENA, D/O.BALKEES,
3. NAZEER, S/O.BALKEES, -DO- -DO-
Vs
1. MURALIDHARAN, AGED 29 YEARS,
... Respondent
2. THE MANAGER,
3. THE ORIENTAL INSURANCE CO.LTD.,
4. HAMED AMMA, AGED 70 YEARS,
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.K.MOHANAN
Dated :07/10/2008
O R D E R
J.B.KOSHY & V.K.MOHANAN, JJ.
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M.A.C.A.NO.1304 OF 2007 (C )
&
C.M.APPLN.NO.1299 OF 2007
IN
M.A.C.A.NO.1304 OF 2007
-----------------------------------
Dated this the 7th day of October, 2008
J U D G M E N T
KOSHY,J.
A 38 year old man died in a motor vehicle accident on
25.3.1997. His legal representatives filed an application for
compensation before the Motor Accidents Claims Tribunal,
Palakkad. Against a claim of Rs.5 lakhs, Tribunal awarded
Rs.2,93,250/- with 9% interest from the date of application till
its deposit. This appeal is filed along with a petition to
condone the delay of 831 days in filing the appeal. Only
reason stated is that there is financial constraint for preparing
the appeal and it cannot be stated that the appellants were
unable to pay atleast Rs.100/- even after getting the award
amount. We see no ground to condone the long delay of 831
M.A.C.A.NO.1304 OF 2007 (C )
&
C.M.APPLN.NO.1299 OF 2007
IN
M.A.C.A.NO.1304 OF 2007
2
days in filing the appeal. Hence delay condonation petition is
dismissed. Consequently appeal is also dismissed.
J.B.KOSHY, JUDGE
V.K.MOHANAN, JUDGE
prp
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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26th September, 2008