IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 MACA.No. 1521 of 2009(D) ----------------------- OPMV.1183/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): 5TH RESPONDENT ----------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, THIRUVALLA NOW REPRESENTED BY ITS ASSISTANT MANAGER,REGIONAL OFFICE,METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER -------------------------------------- ANUPAMA JASMINE,D/O.GOPALAKRISHNAN NAIR, ROSE VILLA,CHENGAROOR.P.O,MALLAPPALLY. ADDL.R2 IMPLEADED: SUNNY PHILIP, S/O P.J. PHILI, PADICKAKUNNEL(H) PADIMON(PO), MALLAPPALY. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13.7.10 IN I.A.1766/10. ADV. SRI.E.M.MURUGAN SRI.THOMAS MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1521 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV) 1183/01. A minor girl sustained injuries in a road accident and she has been awarded a compensation of Rs.38,500/- and the 5th respondent, insurance company has been directed to deposit the amount. It is against that decision the insurance company has come up in appeal. Though the claimant and the owner are served they have not entered appearance. 2. Heard. The short point that has been argued before me is only regarding the liability to pay interest by the insurance company. The claim petition was filed on 15.10.01 making the United India Insurance Company as the insurer of the vehicle. Subsequently, only by virtue of the order in I.A.2772/06 dated 26.6.08 the claimant has impleaded the present appellant as the insurance company. There is much M.A.C.A. 1521 OF 2009 -:2:- force in the contention of the counsel for the insurance company that it shall not be saddled with the liability to pay interest for the laches committed by the claimant or the owner of the vehicle. I am in agreement with that contention and the insurance company which has been made a party after a period of almost four years 11 months and 9 days shall not be directed to pay the interest for that period. But the liability of the owner will persist. Therefore the award passed by the Tribunal is modified and it is made clear that the 5th respondent (insurance company) in the claim petition is liable to pay interest only from 26.8.06 onwards and for the period from 15.10.01 to 25.8.06 the claimant shall collect the interest from the owner of the vehicle who is the 3rd respondent, in the claim petition. The appeal is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.