IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 53 of 2009()
1. THE ORIENTAL INSURANCE CO.LTD,THODUPUZHA
... Petitioner
Vs
1. SANDHYA.G, D/O LATE GOPAKUMAR,
... Respondent
2. SWAPNA.G, D/O LATE GOPAKUMAR,RESIDING
3. THE HON'BLE MOTOR ACCIDENTS CLAIMS,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :12/01/2009
O R D E R
J.B.KOSHY, Ag.C.J. & V.GIRI, J.
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W.A.No.53 of 2009
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Dated 12th January, 2009
JUDGMENT
Koshy, Ag.C.J.
Father of respondents 1 and 2 sustained fatal
injuries in a motor accident and succumbed to the injuries. Their
mother has already passed away. In the application for compensation
the Motor Accidents Claims Tribunal awarded a compensation of
Rs.9,70,000/= with 6% interest from the date of application. A
further direction was issued stating that if the amount is not paid
within a period of six months from the date of award, the amount of
compensation will carry interest at the rate of 12% per annum from
the date of filing the petition. An appeal was filed by the insurance
company. Ext.P2 in the writ petition is the copy of the appeal filed
by the insurance company. Findings regarding negligence and
quantum of compensation were challenged in Ext.P2 appeal. The
direction of the Tribunal that if the compensation amount is not paid
within six months from the date of the award, 12% interest will be
payable was not challenged. The appeal was dismissed at the time of
admission itself finding that the finding of negligence was correct
and that no interference is required in the quantum of compensation.
W.A.53/2009 2
Thereafter, in execution proceedings, interest at 12% was ordered as
that part of the award was not challenged in appeal and that has
become final. Insurance company challenged that in a writ petition.
Learned single Judge found that award of the Tribunal is appealable,
that appeal was filed, but, this point was not questioned and it has
become binding on the insurance company which filed the appeal and
that the appeal was dismissed. Contention of the insurance company
is that award of interest on default of payment within a fixed time is
illegal. If that is illegal, insurance company ought to have challenged
that in the appeal. The award cannot be stated to be a nullity. The
insurance company filed the appeal with open eyes. Without
challenging that and since the award has become final, it cannot be
challenged while execution proceedings are going on. Learned Judge
correctly dismissed the writ petition. We see no ground to interfere
with the impugned judgment.
The appeal is dismissed.
J.B.KOSHY
ACTING CHIEF JUSTICE
V.GIRI
JUDGE
tks