High Court Kerala High Court

Gangadharan vs Chacko on 28 May, 2007

Kerala High Court
Gangadharan vs Chacko on 28 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 401 of 1999()



1. GANGADHARAN
                      ...  Petitioner

                        Vs

1. CHACKO
                       ...       Respondent

                For Petitioner  :SRI.A.KRISHNAN

                For Respondent  :SMT.A.SREEKALA

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :28/05/2007

 O R D E R
                    J.B.KOSHY & K.P.BALACHANDRAN, JJ.

                 -------------------------------------

                         M.F.A.No.401 OF 1999 &

                         C.M.P.No.2259 of 1999

                 -------------------------------------

                           Dated 28th May, 2007



                                  JUDGMENT

Koshy,J
.

C.M.P.No.2259 of 1999 is a petition to condone the

delay of 854 days in filing the appeal. The delay condonation

petition is originally dated 26th March, 1999 and subsequently

corrected as 5th April, 1999. The appellant met with the

accident and sustained a fracture below knee. According to

the appellant, he has 7% disability. The accident occurred in

1992. The Tribunal awarded Rs.15,750/= with 12% interest.

The award is dated 2nd December, 1996. Considering the date of

the accident, injuries suffered by the appellant etc. we are

of the view that just and reasonable compensation was awarded

by the Tribunal. In any event, absolutely no valid reasons

are given for condoning the long delay of about three years in

filing the appeal. Hence, the delay condonation petition is

dismissed. Consequently, the appeal is also dismissed.

J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks