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2026 Supreme(Online)(Ker) 9617

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
SOHIL SURESH – Appellant
Versus
P.K.PAVITHRAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.V.MAMMOOTTY, SRI.A.R.NIMOD, SRI.M.A.AUGUSTINE
For the Respondents: SHRI.LAL K.JOSEPH

O R D E R

This application is filed by the petitioner/second claimant to condone the delay of 4069 days in filing the appeal. The appeal is filed by the 2nd claimant dissatisfied with the quantum of compensation awarded by the tribunal in O.P(MV) No.941 of 1998 passed by the Motor Accidents Claims tribunal, Vatakara. The reason stated in the application is that the petitioner/appellant, being a minor at the relevant time, was unable to file the appeal. He attained majority only on 18.09.2013, and there was no other major member in his family to look after the affairs of his ailing mother. At the time when the award was passed, the petitioner was a student and was made to believe that he ought to receive the amount awarded by the tribunal. The penurious circumstances of his family compelled him to withdraw the amount of ₹1,02,349/- awarded by the tribunal.

2. According to the petitioner, the compensation awarded by the tribunal is on the lower side, and therefore he seeks condonation of a delay of 4069 days in filing the appeal.

No counter-affidavit has been filed by the insurance company.

3. There is an inordinate delay in filing the appeal. The reason stated by the petitioner/appell

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