IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 10548 of 2006(E) -------------------------- PETITIONER(S): --------------- K.V.JOSEPH, AGED 49 YEARS, S/O.VARGHESE, KOOTTINKAL HOUSE, MANIMOOLI P.O., NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): --------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-682 018. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF AWARD DT.9.8.2000 PASSED IN O.P.(MV) NO.1200/1996 BY THE MACT, MANJERI. P2: TRUE COPY OF CALCULATION STATEMENT DT.5.2.2005 SUBMITTED BY PETITIONER BEFORE MACT, MANJERI IN E.P. NO.26/2001 IN O.P.(MV) 1200/96. P3: TRUE COPY OF CALCULATION STATEMENT DT.1.4.2004, SUBMITTED BY THE RESPONDENT BEFORE MACT MANJERI IN E.P. NO.26/2001 IN O.P.(MV) 1200/96. P4: CERTIFIED COPY OF EXECUTION PETITION NO.26/2001 IN O.P.(MV) NO.1200/1996 ON THE FILE OF THE MACT, MANJERI FILED BY PETITIONER AND THE ORDER SHEET. P5: TRUE COPY OF ORDER DT.30.5.2005 PASSED BY TRIBUNAL, WHICH IS PART OF EXT.P4. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.10548 of 2006 .................................................................... Dated this the 21st day of November, 2008. JUDGMENT The petitioner is challenging Ext.P5 order of the MACT dismissing the execution petition holding that no amount is payable towards interest. However, since disposal of the case by the MACT, this court has considered the question of eligibility for interest for parties vide judgment in ORIENTAL INSURANCE CO. LTD. V. NIRMALA (2007(1) KLT 38). In view of this judgment covering the issue, I dispose of the W.P. setting aside Ext.P5 order with direction to the MACT to reconsider the matter. The petitioner will produce copy of this judgment before the MACT for compliance. C.N.RAMACHANDRAN NAIR Judge pms