IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 RP.No. 698 of 2008 -------------------------- AGAINST THE JUDGEMENT/ORDER IN MFA.155/1996 Dated 12/03/2008 ............................... PETITIONER/ADDL.4TH RESPONDENT:- ------------------------------------------------------ BRANCH MANAGER,ORIENTAL INSURANCE COMPANY LIMITED,KOTTARKKARA NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KALOOR -18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS/APPELLANT AND RESPONDENTS 1 TO 3 --------------------------------------------------------------------------------- 1. K.RAJU, THEKKEDATH VALAVU, KAYATHIL VEEDU, PATHIRICKAL, PATHANAPURAM. 2. T.N.MOHANAKUMAR, KUZHIKKATTUPURAYIDATHIL VETOOR MURI, PRAMADOM, ELAKOLLOOR, VIA KONNI. 3. M.M. JOJU, POWERTHU PUTHEN VEEDU, NADUKUNNU,PATHANAPURAM P.O., 4. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., THIRUVALLA. R1 BY ADV. SRI. V.G. ARUN R2 BY ADV. SRI. G. JANARDHANA KURUP (SR.) R4 BY ADV. SRI. GEORGE CHERIAN (THIRUVALLA) THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== R.P. No.698 OF 2008 in MFA 155/1996 ===================== Dated this the 14th day of July 2008 O R D E R This review petition is preferred against the judgment of this Court in M.F.A.No.155 of 1996. An appeal was preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)No.611 of 1989 and this Court disposed of the appeal directing Rs.50,000/- to be paid by the addl.4th respondent in the appeal, viz., the Oriental Insurance Company with 12% interest. It has to be stated that to start with insurance companies were totally exonerated from the liability and it was only during the pendency of the appeal by an order on 4.3.2008 in I.A.No.233 of 2008 the Oriental Insurance Company was impleaded as the supplemental 4th respondent in the appeal. Learned counsel for the insurance company would contend that the non-impleadment was not its mistake and secondly the rate of interest awarded is little high. There is considerable force when it is contended that the insurance company is liable to pay the amount only from the date of its impleadment and therefore I modify the judgment and held that Rs.50,000/- is liable to be paid with effect from 4.3.2008 and RP/698/08 in MFA 155/96 -:2:- considering the present interest structure as laid down by the Apex Court in very many decisions, the interest shall be at the rate of 7.5%. In other words, the claimant in MFA 155 of 1996 is entitled to an amount of Rs.50,000/- with 7.5% interest on the said sum from 4.3.2008 till realisation from the addl.4th respondent. R.P is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-