IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 2182 of 2008() ----------------------- OPMV.330/1988 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/2ND RESPONDENT ---------------------------- THE ORIENTAL INSURANCE CO.LTD, THODUPUZHA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT/CLAIMANT ----------------------- SHAMLA, D/O.ABDULKARIM, KUPPASSERY VEETTIL, VENGALLOOR KARA.P.O, THODUPUZHA TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 2182/08 ORDER ON IA No. 2595/08 IN MACA No.2182/08 DISMISSED 23.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 2182 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT In spite of service of notice, respondent has not entered appearance. The only issue that is canvased before me is regarding the interest awarded from 4.8.87 till realisation. Originally the claim petition was dismissed on 31.12.90 and with a delay of almost nine years, an appeal was preferred. It is true that this court had condoned the delay and entertained the appeal. Ultimately the case was remanded to the trial court by judgment dated 26.5.05. 2. Learned counsel would contend that from 31.12.90 till the date of filing of the appeal before the High Court, there was delay and laches on the part of the claimant and hence the Insurance Company should not be saddled with interest. It is true that this court has condoned the delay. It does not mean that the Insurance Company has to be mulcted with interest for no fault of its. Therefore, I modify the award and hold that the claimant will be entitled to get interest at the rate of 8% from 4.8.87 till 31.12.90 and from the date of filing of the appeal MFA No.603/99 till realisation from the Insurance Company. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE vps 2