Petitioner sought to waive interest on recovery of vehicle compensation awarded by Motor Accident Claims Tribunal. Court allowed waiver of interest if principal amount paid by 31.12.2007, otherwise recovery continues with interest thereafter.
Waiver of interest on compensation amount if paid by 31.12.2007; recovery with interest may proceed after that date.
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 C.N.RAMACHANDRAN NAIR
MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929
OP.No. 4644 of 2000(C)
PETITIONER:
SASIDHARAN ACHARI, S/O.BHASKARAN ACHARI, PALLIKKAL HOUSE, KOTTARAKKARA.
BY ADV. SRI.BABU PAUL
RESPONDENTS:
ADDL. RESPONDENTS:
(ADDL. RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER DT.NIL IN CMP. NO.7798/2000.)
R1&2 BY GOVERNMENT PLEADER SRI.V.TEKCHAND
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP NO.7744/2000 IN O.P. NO.4644/2000
DISMISSED:
12.11.2007
SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.)
APPENDIX
PETITIONER'S EXHIBITS:
P1: TRUE COPY OF NOTICE.
P2: TRUE COPY OF SALE AGREEMENT.
P3: TRUE COPY OF I.A. NO.733/99.
TRUE COPY
PA TO JUDGE
C.N.RAMACHANDRAN NAIR, J.
.................................................................... O.P. No.4644 of 2000
Dated this the 12th day of November, 2007.
JUDGMENT
Challenge is against recovery proceedings for recovery of compensation awarded against the petitioner as registered owner of the vehicle by MACT. The Insurance Company disowned liability and MACT upheld it authorising recovery against the petitioner after remittance by the Insurance Company. The award is not under challenge in this proceeding. However, counsel submitted that petitioner would have obtained copy of the order and challenged the award in appeal. If the award is challenged elsewhere, petitioner is entitled to benefit of order in appeal. However, so long as the award stands, recovery can be continued against the petitioner. However, since this court had granted stay against recovery, I feel interest can be waived provided petitioner makes payment of the amount exclusive of interest before 31.12.2007. If payment is not made as above, recovery of the arrears with interest can be effected after 31.12.2007.
The O.P. is disposed of as above.
C.N.RAMACHANDRAN NAIR Judge
pms
1 issue framed by the court
Petitioner's request to waive interest on compensation by paying principal amount by 31.12.2007
1 provisions across 1 enactments
Sasidharan Achari
State of Kerala
United India Insurance Company
C.N.Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
