IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 AS.No. 131 of 2001(C) ------------------------------- OS.242/1991 of ADDL.SUB COURT, N. PARAVUR .................... APPELLANT(S): IST DEFENDANT ------------------------------------------------ STEPHEN , AGED 43, S/O. VAKKACHAN, KANAPPILLY HOUSE, ELOOR VADAKKUMBHAGAM KARA, ELOOR VILLAGE, PARAVUR TALUK. BY ADVS. SRI.K.G.SARATHKUMAR SRI.S.RAJ KUMAR RESPONDENT(S): PLAINTIFF & DEFENDANTS 2 & 3. -------------------------------------------------------------------------- 1. CHANDRASEKHARAN, S/O. BALAKRISHNA PILLAI, EEDAIKKATHALATH VEETTIL, KUTTIKKATTU KARA KADUNGALLOOR VILLAGE, PARAVUR TALUK. 2. P.MOHANAN, POLOCKAL VEETTIL, PUNNATHARAYIL AYARKUNNAM KARA, MEENACHAL TALUK, KOTTAYAM DISTRICT. *3. KARUNAKARAN NAIR, MENASSERY VEETTIL, KATACHIRA, KIDANGOOR VILLAGE, MEENACHAL TALUK, KOTTAYAM DISTRICT.(DIED) * IT IS RECORDED THAT THE 3RD RESPONDENT IN THE APPEAL DIED AND THAT THE 3RD RESPONDENT HAS NO LEGAL HEIRS VIDE ORDER DTD. 29.7.03 ON IA. NO.1003/2003. R1 BY ADV. SRI.K.RAVIKUMAR R2 BY ADV. SRI.SEBASTIAN THOMAS THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = A.S. NO. 131 OF 2001 = = = = = = = = = = = = = = = Dated this the 8th day of October, 2010. J U D G M E N T This appeal is preferred against the judgment and decree passed by the Subordinate Judge, North Paravur in O.S.242/91. The plaintiff has been granted a decree for Rs.28,641.90/- with 18% interest from the date of suit till realisation. It is against that decision the first defendant has come up in appeal. 2. When the appeal was taken up the learned counsel for the appellant would submit before me that some leniency may be shown with respect to the payment of interest and he is canvassing for that position only. I feel that there is some force in what the learned young counsel says for the reason that interest A.S. 131 OF 2001 -2- awarded is at the rate of 18% from 28.8.90. Considering the rate of interest prevailing at that point of time and as the transaction is one wherein a bus was sold and a vehicle was handed over possession, it is desirable that some concessions is granted by reducing the interest from 18 to 12%. Therefore the judgment and decree of the trial court are modified only with respect to the interest and it is held that the plaintiff is entitled to an amount of Rs.28,641.90/- with 12% interest from the date of suit till realisation with proportionate costs from the defendant. M.N. KRISHNAN, JUDGE. ul/- A.S. 131 OF 2001 -3- M.N. KRISHNAN, J. = = = = = = = = = = A.S. No.131 OF 2001 = = = = = = = = = = = J U D G M E N T 8th October, 2010.