IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 1220 of 2009()
1. V.A.JACOB, VAZHIYAMBALATHIL
... Petitioner
Vs
1. JEEBOY THOMAS, S/O.T.P.THOMAS,
... Respondent
2. VARGHESE GEORGE @ SAJ
3. THE MANAGER,
For Petitioner :SRI.RINNY STEPHEN CHAMAPARAMPIL
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :24/02/2010
O R D E R
P.R.RAMAN, Ag.C.J. &
P.R.RAMACHANDRA MENON, J.
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R.P.No.1220 of 2009 in M.F.A.No.1266 of 1995
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Dated this the 24th day of February, 2010
O R D E R
Raman, Ag.C.J.
The review petition is filed on the sole ground that
interest on the additional compensation which we have awarded
as per our judgment dated 19.10.2009 is only from the date of
the judgment, instead of the date of application. The learned
counsel appearing for the review petitioner placed reliance on the
decision of the Apex Court in Chameli Wati and another v.
Delhi Municipal Corporation (AIR 1986 SC 1191) in this
regard. As a matter of fact, interest was ordered with effect
from the date of the judgment, taking note of fact that the
Tribunal has awarded interest at the rate of 12% per annum
from the date of accident (which is on the higher side) and
further the appeal itself was dismissed for default and it was
restored only much later. The delay is also a factor to be
reckoned for granting interest, as it will prejudicially affect the
right of other side. It was taking note of all the above facts that
R.P.No.1220 of 2009
2
the interest was made effective from the date of judgment.
Hence, we do not find any grounds to review the judgment.
Accordingly, the review petition is dismissed.
P.R.RAMAN,
Ag. CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE
nj.