Dismissed
Muhammed Afnas v. V.K. Aravindakshan
Kerala HCMACA/1751/2016
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938
MACA.No. 1751 of 2016 ()
AGAINST THE AWARD IN OPMV 301/2004 of MACT VADAKARA DATED 05-02-2004
APPELLANT(S)/PETITIONER:
MUHAMMED AFNAS
S/O ABDURAHIMAN, AGED 19 YEARS, RESIDING AT THARAEMMAL HOSUE, IRINGAL AMSOM DESOM, IRINGAL P.O., KOTTAKKAL, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN:673521.
BY ADVS.SRI.U.P.BALAKRISHNAN SRI.PRAJIT RATNAKARAN
RESPONDENT(S)/RESPONDENTS:
R BY SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & P.V. ASHA, JJ.
----------------------------------C.M.Appln.No.2061 of 2016 & M.A.C.A.No.1751 of 2016 ----------------------------------Dated this the 7th day of July, 2016
JUDGMENT
Antony Dominic, J.
2.Appellant was the claimant in O.P.(MV).301/04 on the file of the Motor Accidents Claims Tribunal, Vatakara. The Tribunal disposed of the OP by award dated 5.2.2008. By the said award, as against a compensation of 3 lakhs claimed, the Tribunal awarded an amount of 1,24,122/- together with interest at 6% and costs. The award shows that though the Medical Board assessed the permanent disability at 7%, the Tribunal awarded compensation adopting the disability at 14% as per the Schedule to the Workmen's Compensation Act. It is this award which is under challenge before us.
MACA.1751/16
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award was passed, the appellant was a minor and that he attained majority only on 31.5.2015. According to him, it is thereafter that, realising the compensation to be too low, he instructed his counsel to obtain a copy of the award. It is stated that accordingly, copy of the award was obtained on 20.10.2015. It is also stated that thereafter, on account of back pain, he could not make arrangements for filing the appeal and that the appeal was filed only on 28.6.2016 with a delay of 2974 days, which has occurred in the aforesaid circumstances.
4.Having heard the counsel for the appellant, we are of the view that the appellant has failed to offer satisfactory explanation for the long and inordinate delay. Though it may be true that the appellant was a minor at the relevant time and he attained majority only on 31.5.2015, this case was prosecuted by his father as his guardian and next friend. If at all the compensation was unsatisfactory in any respect, nothing prevented the guardian to prosecute the matter before this Court. Secondly, even on the appellant's own showing, copy of the award was
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MACA.1751/16
obtained on 20.10.2015 and this appeal was filed only on 28.6.2016. The delay that occurred in the mean while is sought to be explained by stating that the appellant was suffering from backache. It is also stated that he had financial difficulties. Both these factual assertions are not substantiated in any manner.
For all the aforesaid reasons, we are not satisfied that the appellant has offered sufficient explanation to condone the delay of 2974 days in filing the appeal. C.M.Appln.No.2061/16 is therefore dismissed. Consequently, the appeal also is dismissed.
Sd/ANTONY DOMINIC, Judge.
Sd/P.V. ASHA, Judge.
kkb.
/TRUE COPY/
PS TO JUDGE
MUHAMMED AFNAS
V.K. ARAVINDAKSHAN
VADAKKE MUNAMBATH THAZHE SHAJU
UNITED INDIA ASSURANCE CO. LTD.
ANTONY DOMINIC
P.V. ASHA
As recorded by the court registry
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