IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 RP.No. 856 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN MFA.405/1996 Dated 22/05/2008 OPMV.889/1989 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... PETITIONER-APPELLANT IN MFA/RESPONDENT 2: --------------------------------------------------------------------------- C.M.RAGHAVAN, S/O.MADHAVAN, CHELLARI HOUSE, THANIPPADAM, THRISSUR. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON RESPONDENTS: PETITIONER/RESPONDENTS IN MFA 2 & 3: ----------------------------------------------------------------------------------------- 1. SANGEETH (EARLY A MINOR, NOW A MAJOR) RESIDING AT GREESHMI, KEERAMKULANGARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK., REPRESENTED BY HIS GUARDIAN AND FATHER VISWANATH. 2. C.G.PUSHPAKARAN, S/O.GOVINDAN, CHELATTIL HOUSE, ELAMTHURUTHY, THRISSUR. 3. THE ORIENTAL INSURANCE CO.LTD., DEVASWOM BUILDING, ROUND WEST, THRISSUR. 4. THE UNITED INSURANCE CO.LTD., DIVISIONAL OFFICE,, THRISSUR. ADV. SRI. P. RAMAKRISHNAN FOR R1 & R2 SRI.GEORGE CHERIAN FOR R3 SRI. N.S.MOHAMED USMAN FOR R4 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P. 856 OF 2008 IN M.F.A. NO. 405 OF 1996 = = = = = = = = = = = = = = = Dated this the 18th day of August, 2008. O R D E R This review petition is filed by the appellant. By judgment dated 22.5.08 this Court ordered that out of the award amount of Rs.84,500/-, the Oriental Insurance Co. Ltd. is to deposit the amount of Rs.50,000/- with interest. The Tribunal found the balance amount has to be paid by the driver and the owner namely respondents 1 and 2 in the claim petition. Later it has turned out that the vehicle was insured with the two insurance companies and therefore it was submitted that United India Insurance Co. should pay the balance amount. But the owner and driver did not raise any contention regarding the same and ultimately United India Insurance Co. has been impleaded as a party only on 10.3.08. So this Court held that respondents 1 and 2 in the claim petition are liable to pay interest on the sum of Rs.34,500/- from the date of petition till 10.3.08 and United India Insurance Co. will be liable to pay a sum of Rs.34,500/- R.P. 856 OF 2008 IN M.F.A. NO. 405 OF 1996 -:2:- with interest at the rate of 12% from 11.3.08 till it deposit the amount. The said finding was entered into on the basis that the insurance company can be mulcted with interest only from the date of impleadment of the said Company as a party. Now the learned counsel also has brought to my notice, pursuant to an order passed by this Court an amount of Rs.64,030/- has been deposited by the owner namely appellant in between 3.11.96 and 3.12.96. It is also submitted that the amount had been withdrawn by the claimant. The liability to pay interest is only to the claimant. So what has to be done now is to calculate the amount that is due from respondents 1 and 2 as on the date of deposit namely till deposit in 12/1996. The award very specifically states that the interest must be at the rate of 12% from 24.8.89 till realisation. So it must be for a period of seven years, three months and 10 days. When calculated at the rate of 12%, interest will come to Rs.30,122/- since almost the entire amount is deposited namely Rs.64,030/- in 1996 itself the amount will not fetch any interest thereafter. R.P. 856 OF 2008 IN M.F.A. NO. 405 OF 1996 -:3:- Therefore if the said amount is deposited and withdrawn by the claimant as contended by the appellant from the Tribunal then the only question that is to be decided is that the United India Insurance Co. being an insurer of the vehicle must reimburse Rs.34,500/- to the appellant. The insurance company can ascertain from the Tribunal whether the entire amount has been disbursed to the claimant and thereafter pay Rs.34,500/- to the appellant which will finally resolve the matter. Append this order also to the original judgment for the purpose of finality. The review petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. R.P. 856 OF 2008 IN M.F.A. NO. 405 OF 1996 -:4:- M.N. KRISHNAN, J. = = = = = = = = = = R.P. 856 OF 2008 IN M.F.A.NO. 405 OF 1996 = = = = = = = = = = = O R D E R 18th August, 2008.