IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 819 of 2010()
1. AJIKUMAR, S/O.BABY AMMA,
... Petitioner
Vs
1. THAZIL, KURANDIVILA,
... Respondent
2. JAYAPRAKASH.N.,
3. THE SENIOR DIVISIONAL MANAGER,
For Petitioner :SRI.SANTHAN V.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :02/06/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln.1055 OF 2010 &
M.A.C.A.No.819 OF 2010
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Dated this the 2nd day of June 2010
JUDGMENT
Basheer, J.
In this application filed under Section 5 of the Limitation Act, the prayer is
to condone the delay of 651 days in filing the appeal.
2. The impugned award was passed by the Tribunal on May 16, 2008.
According to the petitioner, he is employed in one of the Gulf countries and even
at the time of the passing of the award he was away at his work place. He could
not come back to the country and make arrangements to file the appeal. When he
came down to Kerala and went to the office of his counsel, he was informed that
the counsel had gone on a vacation. Ultimately he obtained the copy of the
award and made arrangements to file the appeal. Thus, a delay of 651 days has
occurred.
Having carefully perused the averments in the affidavit, we are not at all
satisfied with the explanation offered by the petitioner to condone the inordinate
delay. We have also perused the award. Having regard to the single injury
suffered by the petitioner, we are of the view that the amount of compensation of
Rs.45,120/- awarded to the petitioner is just and reasonable. For that reason
also, we are not inclined to issue notice on the delay petition. Therefore, the
delay petition is dismissed. Consequently, the appeal is also dismissed.
Sd/-
A.K.BASHEER, JUDGE
Sd/-
P.Q.BARKATH ALI, JUDGE
jes
// true copy //
P.A. to Judge
jes