The Court dismissed an appeal against a Motor Accident Claims Tribunal award. The appellant sought condonation of a 3116-day delay under Section 5 of the Limitation Act. Finding the reasons based on counsel miscommunication insufficient, the Court dismissed the application and consequently the appeal.
Application to condone delay dismissed; Appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932
MACA.No. 1316 of 2004() ----------------------OPMV.2218/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ....................
APPELLANT/PETITIONER:
KALIYAMOORTHY, AGED 46 YEARS,
S/O. PONNUSWAMY, R/O. DOOR NO.65, KALIKAVIL PURAM SHETTINATHAPURAM P.O., SHETTINATHAPURAM-609 109, SRIKALI TALUK, NAGAPATTANAM DISTRICT, TAMIL NADU.
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENT(S): RESPONDENTS
ADV. SRI.M.A.GEORGE FOR R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
C.M.Appln. 1992 of 2004 & M.A.C.A.1316 of 2004
Dated: JUNE 16, 2010
JUDGMENT
Basheer, J.
This appeal is filed with an application under sec.5 of the Limitation Act, to condone the delay of 3116 days in filing the appeal.
C.M.Appln. 1992 of 2004 & M.A.C.A.1316 of 2004
2
September 7, 2004. The appeal was filed thereafter. Petitioner asserts that the delay occurred in the above circumstances. Even though it is stated by the petitioner that one Adv. Pushpodharan was entrusted with the matter to file an appeal before this court, it is not stated when was Mr. Pushpodharan engaged by the petitioner. Even the initials of this Adv. Pushpodharan is not seen mentioned in the affidavit. It is also not discernible from the affidavit as to when did he make enquiries about the fate of the appeal.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-
2 issues framed by the court
Whether the inordinate delay of 3116 days in filing the appeal against the Motor Accident Claims Tribunal award should be condoned under Section 5 of the Limitation Act.
Whether the reasons provided by the appellant regarding miscommunication by his former counsel are sufficient to excuse the excessive delay.
1 provisions across 1 enactments
KALIYAMOORTHY
K. ABOOBACKER HAJI
Umm KARALIKKATT
UNITED INDIA INSURANCE COMLPANY LIMITED
A.K. BASHEER
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
