IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
SOHIL SURESH – Appellant
Versus
P.K.PAVITHRAN – Respondent
| Table of Content |
|---|
| 1. examines delay in filing appeal and minor status. (Para 1 , 2) |
| 2. consideration of appeal filing circumstances. (Para 3 , 4) |
| 3. discretionary power in condoning delays discussed. (Para 5) |
| 4. final dismissal of appeal due to insufficient grounds. (Para 6) |
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 th
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