IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 2 of 2007(A) ---------------------------- OPMV.939/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: -------------------------------- SHIBU, S/O.GOPALAN, KUNNEPPARAMBIL HOUSE, KEETTILA KARA, KUDAYATHOOR VILLAGE. BY ADV. SRI.C.M.TOMY RESPONDENTS/ RESPONDENTS : ------------------------------------- 1. ISSAC BABU, S/O. BABY, BLOCK NO.120, KALLARPATTOM COLONY, THOOKKUPALAM KARA, KURUNAPURAM VILLAGE. 2. THE SECRETARY, K.S.E.BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF KERALA STATE INSURANCE DEPARTMENT, REP. BY THE DISTRICT OFFICER, DISTRICT INSURANCE OFFICE, IDUKKI, THODUPUZHA. BY SR. GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. R2 BY S.C. K.S.E.BOARD SRI. K.S. ANIL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2 OF 2007 = = = = = = = = = = = = = = = Dated this the 27th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)939/95. The claimant sustained injuries in a road accident that took place on 1.12.94. The Tribunal awarded a compensation of Rs.23,000/- and directed the insurance company to pay the interest at the rate of 6% from 26.2.05. The belated impleadment of the insurance department was not on account of the defect of the claimant. The K.S.E.B. would have contended for impleadment of them at an earlier stage but since it has been taken up only belatedly the insurance department cannot be directed to pay interest as rightly done by the Tribunal. But that does not mean that the claimant is not entitled to get any interest for an amount which is awarded from the date of petition till the insurance department is impleaded. The insurance department is only indemnifying the award passed against the owner who is vicariously liable for the act of his servant namely the driver. So even without the junction of the insurance department the owner and driver are jointly and severally liable to pay the award amount. Therefore I direct that the 2nd respondent in the claim petition namely K.S.E.B. is liable to pay the interest on the amount of Rs.23,000/- at the rate of 6% from 6.11.95 to 26.2.05 and they shall deposit the amount before the Tribunal within a period of sixty days from the date of receipt of a copy of the judgment. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-