IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 713 of 2010()
1. MARY ANTONY, ALIAS MARY JOSEPH,
... Petitioner
Vs
1. M.A.AUGUSTINE, MUKKADAYIL HOUSE,
... Respondent
2. THAMPI ANTONY, S/O. ANTONY,
3. NATIONAL INSURANCE CO. LTD., BY ITS
For Petitioner :SRI.R.SUDHISH
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :17/05/2010
O R D E R
A.K. Basheer & P.Q. Barkath Ali, JJ.
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M.A.C.A.No. 713 of 2010
&
C.M.Appln.No. 916 of 2010
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Dated this the 17th day of May, 2010
Judgment
Basheer, J:
The prayer in this application filed under section 5 of
the Limitation Act is to condone the delay of 1478 days in filing
the appeal. Admittedly the award was passed by the Tribunal on
May 21, 2005 . But according to the petitioner she and her husband
both of whom are employed were busy with the admission of their
daughter in the Engineering College at Kalady during August
2005. Her elder son has also been studying for Engineering which
necessarily meant that huge expenditure had to be incurred.
Further, in 2007 when she received the amount awarded by the
Tribunal she had paid off the small hand loans which she had
availed of. In 2008 her husband had to undergo some Ayurveda
treatment. It is the case of the petitioner that at last in June 2009
she met her counsel before the Tribunal and made arrangements
for obtaining a copy of the award. Copy of the award was
received on November 9, 2009 and the appeal has been filed on
January 25, 2010.
MACA.713/2010. : 2 :
2. We have carefully perused the so called reasons
stated by the petitioner for condonation of the inordinate delay of
1478 days. We are not at all satisfied with the above explanation.
Therefore the delay petition is dismissed.
Consequently the appeal is also dismissed.
SD/-
A.K. Basheer
Judge.
SD/-
P.Q. Barkath Ali
Judge.
an.