IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2955 of 2008()
1. P.K. VISWAMBHARAN, AGED 52 YEARS,
... Petitioner
Vs
1. B. VIJAYAN, 4/61, ARISTO ROAD,
... Respondent
2. BINESH, S/O. SEKARAN,
3. THE UNITED INDIA INSURANCE CO. LTD.,
4. V.V. SUNIL,
For Petitioner :SRI.M.B.PRAJITH
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :05/01/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
P.N. RAVINDRAN, JJ.
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C.M. Appln. 3009 of 2008 in
M.A.C.A.No. 2955/2008
&
M.A.C.A. No. 2955 OF 2008
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Dated this the 5th day of January, 2009
JUDGMENT
Ramachandran Nair,J.
Heard counsel for the appellant. In the course of hearing of
Delay Condonation Petition, we had occasion to consider the case on
merits. The ground raised in the Delay Condonation Petition is
communication gap between the appellant and his counsel. We do not
think this as a ground to condone the inordinate delay of nearly one
year in filing the appeal. Besides this, accident is collision between
two motor-bikes in a fairly wide road. Moreover, injury sustained is in
the lower jaw of the appellant, which shows that he was not wearing
head-gear at the time of the accident. To our mind, appellant’s
contributory negligence cannot be ruled out in this case. Besides this
compensation is awarded based on notional income of Rs. 2000/-.
Even though counsel for the appellant relied on evidence of his real
MACA : 2955/08
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income, we do not think there is any scope for condoning the delay or
interfering with the award in appeal, if at all admitted. Reasonable
compensation is also granted.
In the circumstances both Delay Condonation Petition and
Appeal are dismissed.
(C.N.RAMACHANDRAN NAIR)
Judge.
(P.N. RAVINDRAN)
Judge.
kk
MACA : 2955/08
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