IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2442 of 2010()
1. KUNHALASSAN @ HASSAN
... Petitioner
Vs
1. ABDUL RAZAK
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :25/11/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln.No.3164 of 2010 &
M.A.C.A.No.2442 OF 2010
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Dated this the 25th day of November, 2010
JUDGMENT
Basheer, J.
The prayer in this application filed under Section 5 of the
Limitation Act is to condone the delay of 623 days in filing the appeal.
2. The impugned award was passed by the Tribunal on
December 1, 2008. It is admitted by the petitioner that copy of the
award was received on December 20, 2008 itself. But according to
him, he could not make arrangements to file the appeal because of
financial difficulty. He further states that he had to spend huge amount
for his treatment.
3. Having perused the averments in the affidavit filed in
support of the application, we are not at all satisfied with the so called
explanation offered by the petitioner. Nevertheless, we have perused
the impugned award as well. Considering the nature of the injuries, the
Tribunal, in our view, has awarded just and reasonable compensation.
As against a claim of Rs. 2,00,000/-, the Tribunal is seen to have
MACA.No.2442/2010 2
awarded Rs. 1,33,505/- with interest and cost. In that view of the
matter also, the award does not call for any interference.
In any view of the matter, the delay has not been explained
properly. Therefore, the delay petition is dismissed. Consequently, the
appeal is also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.2442/2010 3