The High Court of Kerala dismissed a Motor Accident Claims Appeal primarily on the ground of a 1632-day delay in filing. The court found no satisfactory reason for the inordinate lapse despite the Insurance Company having deposited the award amount.
Delay in filing appeal not condoned; condonation petition and appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936
MACA.No. 1902 of 2013 (B)
AGAINST THE AWARD IN OP(MV)No.911/2006 of M.A.C.T OTTAPPALAM DATED 01-01-2009
APPELLANTS/PETITIONERS:
BY ADVS.SRI.K.B.ARUNKUMAR
SRI.RANJIT BABU
RESPONDENT : RESPONDENT No.3 :
UNITED INDIA INSURANCE COMPANY LTD, ALWAYE, ERNAKULAM DISTRICT, PIN 679 101.
BY ADV. SRI.RAJAN P.KALIYATH BY SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID & ANIL K.NARENDRAN, JJ.
-------------------------------------------------------------------------------C.M.Appln.No.2329 of 2013 & M.A.C.A.No.1902 of 2013 -------------------------------------------------------------------------------Dated this the 17th day of June, 2014
JUDGMENT
HARUN-UL-RASHID, J.
There is a delay of 1632 days in filing the appeal. The award under challenge was passed on 01/01/2009 in O.P. (M.V.)No.911 of 2006 on the file of the Motor Accidents Claims Tribunal, Ottapalam. Going by the affidavit filed in support of the delay petition, it is stated that the application for the certified copy of the award was filed on 19/7/2013. The said application was filed 4 ½ years after passing the award. There is no explanation for not applying for certified copy within a reasonable period. After obtaining the certified copy of the award no explanation is offered by the petitioners for not filing the appeal immediately thereafter. We have gone through the averments in the affidavit. We find that there is no satisfactory reason stated for condoning the delay in filing the appeal. The Insurance Company filed a detailed counter affidavit. It is stated inter alia that immediately after passing
C.M.Appln.No.2329/2013 & M.A.C.A.No.1902 of 2013 2
the award in the year 2009 the Company has deposited the award amount and the appellants have withdrawn the amounts permitted by the Tribunal. It is also contended that there is no proper explanation for the inordinate delay caused in filing the appeal. The Company denied the averments in the affidavit filed in support of the delay condonation petition as untrue statements. We find no reason to condone the delay of 1632 days in filing the appeal. The petition does not merit consideration, accordingly, the same is dismissed.
Consequently the appeal also stands dismissed.
HARUN-UL-RASHID, JUDGE
ANIL K.NARENDRAN, JUDGE
skj
True copy P.A to Judge
3 issues framed by the court
Whether the delay of 1632 days in filing the appeal merits condonation.
Whether the appeal against the Tribunal award should be allowed or dismissed due to inordinate delay.
Whether the deposit of award amount by the Insurance Company precludes condonation of delay.
MADHAVI
AISWARYA
SABAREESH
UNITED INDIA INSURANCE COMPANY LTD
HARUN-UL-RASHID
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
