Single judge of the Kerala High Court dismissed this miscellaneous first appeal challenging an Award of 12% interest by the Motor Accident Claims Tribunal. The Court held that given the meagre amount and the age of the claim, there was no reason to interfere.
Appeal dismissed; impugned award of 12% interest by the Tribunal upheld.
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 K.PADMANABHAN NAIR
FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929
MFA.No. 120 of 2002()
-------------------------------OPMV.1802/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT: 3RD RESPONDENT
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UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DEPUTY MANAGER, THIRD PARTY CLAIMS CELL, VETTUKATTIL BUILDING, M.G.ROAD, KOCHI-16.
BY ADV. SRI.M.S.PATTALI SRI.T.VINOD KUMAR
RESPONDENTS:
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1. KARUNAKARAN NAIR, S/O.PADMANABHA PILLAI, THANNIKKAPPILLY, PONNURUNNY, VYTTILA P.O.
2. SMT.ANNIE ANTONY, CHITTEZHATHU HOUSE, ELAMKULAM, COCHIN-20.
3. JOSEPH GEORGE, KALIPARAMBIL HOUSE, MARADU P.O.,(NEAR LEYACHAM MUKKU JUNCTION) ERNAKULAM DISTRICT.
BY ADV. SRI.P.A.BAHULEYAN
THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. PADMANABHAN NAIR, J.
= = = = = = = = = = = = = = = = = = =
M.F.A. NO.120 OF 2002
= = = = = = = = = = = = = = = = = = = Dated this the 18th day of January, 2008
J U D G M E N T
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The challenge in this appeal is only regarding the interest awarded by the Tribunal. Tribunal awarded 12% interest. It is true that in Kaushunma Begum v. New India Assurance Co. Ltd. (2001 (1) 408 (SC) the Apex Court held that award of 12% interest is high. But in this particular case the accident took place in 1997 and the petition was filed in the year 1997 itself. Considering the fact that the amount involved is only meagre, I do not find any reason to interfere with the impugned award. Appeal is without any merit and the same is only to be dismissed.
In the result, appeal is dismissed.
K. PADMANABHAN NAIR, JUDGE.
vsv
K. PADMANABHAN NAIR, J. ===================== M.F.A. NO.120 OF 2002
===================== J U D G M E N T
18TH JANUARY, 2008
1 issue framed by the court
Whether the Tribunal's award of 12% interest on a motor accident claim filed in 1997 requires interference.
Colour shows how this judgement treated each authority
Kaushunma Begum v. New India Assurance Co. Ltd.Referred¶24
Kaushunma Begum v. New India Assurance Co. Ltd. (2001 (1) 408 (SC)
UNITED INDIA INSURANCE CO. LTD.
KARUNAKARAN NAIR
SMT.ANNIE ANTONY
JOSEPH GEORGE
K.PADMANABHAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
