High Court Kerala High Court

Balkees.B. vs Muralidharan on 7 October, 2008

Kerala High Court
Balkees.B. vs Muralidharan on 7 October, 2008
       

  

  

 
 
  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.
                  -------------------------------
             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