High Court Kerala High Court

Vanajakumari vs Prakash on 29 June, 2010

Kerala High Court
Vanajakumari vs Prakash on 29 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1059 of 2010()


1. VANAJAKUMARI, W/O.RAMACHANDRAN NAIR,
                      ...  Petitioner

                        Vs



1. PRAKASH, S/O.GOPALA PILLAI,
                       ...       Respondent

2. THE KERALA STATE INSURANCE DEPARTMENT,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :29/06/2010

 O R D E R
             A.K.BASHEER & P.Q.BARKATH ALI, JJ.
           ---------------------------------------------------------------
                      C.M.APPLI.NO.1340 OF 2010
                                         IN
                        M.A.C.A.NO.1059 OF 2010
                   ---------------------------------------------
               Dated this the 29th day of June, 2010

                                   O R D E R

A.K.Basheer,J

This application filed under Section 166 of the MV Act, the

prayer to condoned the delay of 439 days in filing the appeal.

2. It is admitted by the appellant that the certified copy of the

award has been received by his counsel in December, 2008 itself.

But according to him, he could not met his counsel in time even

though, earnest effort made in this regard. The appeal is filed only

on March 11, 2010. We are not at all satisfied with the so-called

explanation offered by the petitioner that the inordinate delay.

Therefore, the delay petition is dismissed.

A.K.BASHEER, JUDGE.

P.Q.BARKATH ALI, JUDGE.

pm

A.K.BASHEER & P.Q.BARKATH ALI, JJ.

—————————————————————

M.A.C.A.NO.1059 OF 2010

———————————————

Dated this the 29th day of June, 2010

JUDGMENT

A.K.Basheer,J

In view of the dismissal of C.M.Application No.1340 of 2010,

the appeal stands dismissed.

A.K.BASHEER, JUDGE.

P.Q.BARKATH ALI, JUDGE.

pm