IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1517 of 2010()
1. SHEEBA K.P., AGED 18 YEARS, D/O.
... Petitioner
Vs
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Respondent
For Petitioner :SMT.CELINE JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :18/08/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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C.M.Appln.No.1905 OF 2010 in M.A.C.A.No.1517 OF 2010
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Dated this the 18th day of August 2010
ORDER
Basheer, J.
In this application filed under Section 5 of the Limitation Act, the prayer is
to condone the delay of 766 days in filing the appeal.
The impugned award was passed by the Tribunal on January 15, 2008. But
according to the petitioner/appellant, his father who had been conducting the
case before the Tribunal got injured due to an accidental fall. He was laid up for
a considerable period. But thereafter petitioner contacted his counsel who
advised him to file an appeal. The averments in the affidavit filed in support of
the application are totally sketchy, unconvincing and unsatisfactory. We have
also perused the impugned award. It is true that the petitioner had suffered a
fracture on left supra condylar region.
Considering the nature of the injury and the materials available on record,
the Tribunal, in our view, had awarded just and reasonable compensation.
Anyhow, since the explanation offered for condonation of delay is not at all
satisfactory, we are not inclined to condone the same. Therefore, the delay
petition is dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.1517 OF 2010
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Dated this the 18th day of August 2010
JUDGMENT
Basheer, J.
In view of the dismissal of petition for condonation of delay, this MACA is
also dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes