IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1820 of 2005()
1. C.S. BIJOY,
... Petitioner
Vs
1. R.B.SINGH, AGED 62 YEARS,
... Respondent
2. DIRECTOR OF AGRICULTURE,
3. STATE OF MADHYA PRADESH,
4. CHETHAN P.TRIVEDI,
5. PRAVIN V.TRIVEDI,
6. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SMT.V.P.SEEMANDINI (SR.)
For Respondent :R6I.N.S.MOHAMMED USMAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :12/11/2008
O R D E R
J.B. Koshy & Thomas P.Joseph, JJ.
————————————–
M.A.C.A. No.1820 of 2005
and
C.M.Appl.No.2570 of 2005 in
M.A.C.A. No.1820 of 2005
—————————————
Dated this the 12th day of November, 2008
Judgment
Koshy,J.
Appellant sustained injury in a motor accident. The
Tribunal awarded an amount of Rupees One lakh with interest. The
accident occurred on 11.5.1998. The application was filed in 1999.
Award was passed in 2004. This appeal is filed questioning the
quantum of compensation with 420 days of delay in filing the
appeal. An affidavit was filed by power of attorney holder stating
that the appellant was abroad in connection with his job and power
of attorney holder was under the belief that the amount awarded
was adequate. When appellant returned on leave he informed that
he is still having some problem and that is the reason for the long
delay in filing the appeal. The appellant did not lose job as a result
of the accident and he went back abroad and he was working.
There is no plea that there was reduction of his earning due to the
accident. No valid reasons are stated for condoning the long delay
M.A.C.A.No.1820/2005 and
C.M.Appl.No.2570/2005 in
M.A.C.A.No.1820/2005 2
of 420 days in filing the appeal. Hence, the delay petition is
dismissed and consequently the appeal is also dismissed.
J.B.Koshy
Judge
Thomas P. Joseph
Judge
vaa
M.A.C.A.No.1820/2005 and
C.M.Appl.No.2570/2005 in
M.A.C.A.No.1820/2005 3
J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.
————————————-
M.A.C.A.No.1820/2005
and
C.M.Appl.No.2570 of 2005 in
M.A.C.A. No.1820 of 2005
————————————-
Judgment
Date:12th November,2008