IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MFA.No. 104 of 2001() --------------------- OPMV.576/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/3RD RESPONDENT: ----------- UNITED INDIA INSURANCE CO. LTD., KALPETTA NOW REP. BY ITS ASSISTANT MANAGER, THIRD PARTY CLAIMS CELL, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS: ------------- V.MUSTAFA, S/O.AMMED, VAZHAVATTAVIL HOUSE, KAVUMMANNAM P.O., THARIODE, VYTHIRI TALUK. BY ADV. SRI.RUBIN JOSEPH THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.3823/2001 IN M.F.A. NO.104/2001 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 15.9.2008 SD/-(HARUN-UL-RASHID, JUDGE.) TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.F.A. No.104 of 2001 .................................................................... Dated this the 15th day of September, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant. The main challenge is against the award of interest at 12% and penal interest at 13% for delay in payment beyond one month granted by the MACT. Even though we find force in the contention of counsel for the appellant that rate of interest at 12% is high and time granted for payment, default of which attracts penal interest also is short, we do not find any ground to interfere with the award because as against the usual practice of granting interest from date of application, MACT has granted interest from date of award against which claimant has not filed appeal. In the circumstances, we feel even at the higher rate of interest awarded to him, the claimant is a loser. We, therefore, dismiss the appeal filed by the Insurance Company. However, we make it clear that 2 interest at penal rate will not be payable during the period of stay granted by this court on the amount stayed. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms