IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2110 of 2010()
1. JYOTHSANA,D/O.ROSH THOMAS,RESIDING AT
... Petitioner
Vs
1. K.R.APPAVOO,S/O.RAMASWAMY,RESIDING AT
... Respondent
2. R.SANKAR,S/O.RAMASAMY,RESIDING AT
3. THE UNITED INDIA INSURANCE CO.LTD,
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :28/10/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
- - - - - - - - - - - - - - - - - - -
C.M.Appln.No2726 of 2010 &
M.A.C.A.No.2110 OF 2010
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 28th day of October, 2010
JUDGMENT
Basheer, J.
The prayer in this application filed under Section 5 of the
Limitation Act is to condone the delay of 866 days in filing the appeal.
2. The impugned award was passed by the Tribunal on
January 4, 2008. At the time of the accident, the petitioner was a
minor. It is averred by the petitioner that she was not in a position
” to maintain frequent contact with her counsel in the court below”. It
was only when she met her counsel that she came to know that an
award had been passed. Even though, the counsel informed her that a
communication had been sent about the award, she had not received the
same. Significantly, the guardian who had conducted the case is now
remains in the background for obvious reason.
We have carefully perused the averments in the affidavit filed in
support of the application to condone the inordinate delay. We are not
at all satisfied with the so called explanation offered by the petitioner.
M.A.C.A.No.2110/2010 2
A perusal of the endorsement on the certified copy of the award will
show that copy had been delivered on November 20, 2008. But the
appeal is filed only on September 19, 2010. The affidavit is totally
silent as to when the petitioner met her counsel. In any view of the
mater, we are not at all satisfied with the explanation for the delay.
Therefore, the delay petition is dismissed. Consequently, the appeal is
also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
M.A.C.A.No.2110/2010 2