The High Court of Kerala disposed of a dilatory petition seeking condonation of a 513-day delay in filing an appeal against a Motor Accident Claims Tribunal award, rejecting the petitioner's explanation as unsubstantiated and dismissing the accompanying appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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 1ST JUNE 2011 / 11TH JYAISHTA 1933
MACA.No. 575 of 2011
APPELLANTS : PETITIONER
SUNOD, S/O.SUDHAKARAN, VAKKITHARAYIL HOUSE, MANIPUZHA BHAGOM, VADAYAR KARA, VADAYAR.P.O.,
THALAYOLAPARAMBU VILLAGE, VAIKOM TALUK.
BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM
RESPONDENTS : RESPONDENTS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
C.M.Appln.967 OF 2011 & M.A.C.A.No.575 OF 2011
ORDER
Basheer, J.
In this application filed under Section 5 of the Limitation Act, the prayer is to condone the delay of 513 days in filing the appeal.
Having carefully perused the averments in the affidavit, we are not at all satisfied with the explanation offered by the petitioner to condone the inordinate delay. Therefore, the delay petition is dismissed.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
M.A.C.A.No.575 OF 2011
Dated this the 1st day of June 2011
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
2 issues framed by the court
Whether delay of 513 days in filing the appeal can be condoned.
Whether the explanation for delay in obtaining certified copy of the award is sufficient.
SUNOD, S/O.SUDHAKARAN
SAJIMON, S/O.THANKAPPAN
MADHU, S/O.THANKAPPAN
UNITED INDIA INSURANCE COMPANY 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
