IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1938 of 2010()
1. SAROJINIYAMMA,MOOLAYIL HOUSE,
... Petitioner
Vs
1. PALANISWAMI,MRR BUS SERVICE,
... Respondent
2. K.YOPGESH,20 SUBRAMAYAPURAM EXTENSION,
3. THE NATIONAL INSURANCE CO.LTD., REP.BY
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :28/10/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln.No.2474 OF 2010 &
M.A.C.A.No.1938 of 2010
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Dated this the 28th day of October, 2010
JUDGMENT
Basheer, J.
The prayer in this application filed under Section 5 of the
Limitation Act is to condone the delay of 772 days in filing the appeal.
2. The impugned award was passed by the Tribunal on May
21, 2007. According to the petitioner/appellant, free copy of the award
was issued only on February 26, 2008. Thereafter, in March 2008, she
was afflicted with Chickun Gunia and was bed ridden for a period of
two months. She also suffered from Rheumatoid Arthritis and was
rendered immobile. According to the petitioner, she could collect the
case file from her counsel only in the third week of March 2010. She
further states that she became totally incapacitated because of the
injury sustained by her and therefore she took voluntary retirement on
December 31,2001 after the accident.
Having perused the averments in the affidavit, we are not at all
satisfied with the so called explanation offered by the petitioner to
MACA.No.1938/2010 2
condone the inordinate delay. Therefore, the delay petition is
dismissed. Consequently, the appeal is also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
MACA.No.1938/2010 2