IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MFA.No. 318 of 2001() --------------------- OPMV.309/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANTS/APPLICANTS: ----------- 1. S.SANDHYA, D/O.PONNAYYAN, AGED 15, OZHUKUPARA KIZHAKKEKARA PUTHEN VEEDU, MAMPAZHAKARA, PERUMPAZHUTHOOR (MINOR), REP. BY HER MOTHER SAROJINI 2. B.SAROJINI, -DO- -DO- BY ADV. SRI.G.S.REGHUNATH RESPONDENTS/RESPONDENTS: ------------- 1. C.V.SURESH BABU, C.V.SADANAM, T.C.2/304, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. RADHAKRISHNAN, CHITHRA BHAVAN, VADAKKE PICHANVILA, PIRAYUMMOODU, KADAVATTARAM, NEYYATTINKARA. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., THIRUVANANTHAPURAM. R3 BY ADV. SRI.PMM.NAJEEB KHAN R1 BY ADV. SRI.V.V.PRATHEEKSH KURUP THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/3/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.318 of 2001 ------------------------------------------------- Dated, this the 19th day of March, 2008 JUDGMENT Petitioners in O.P.(MV) No.309/1995 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara are the appellants. Appellants filed Original Petition claiming compensation alleging that the first appellant who was a minor sustained injuries in a motor vehicle accident involving lorry bearing registration No.KLU 8447 owned by the first respondent. It was alleged that the first appellant was walking from south to north at Mambazhakkara - Elavanikara road and the lorry came in a rash or negligent manner and hit against the body of the first appellant. She claimed a compensation of Rs,60,000/-. Respondents 1 to 3 filed written statement contending that there was no negligence on the part of the driver of the lorry and accident occurred when the first appellant herself attempted to cut across the road abruptly. Quantum of compensation claimed was also disputed. It was further contended that the driver was not holding valid driving licence. Tribunal found that accident occurred due to the negligence of the driver. It also found that the vehicle was covered with a policy issued by the third respondent and there is nothing on record to show M.F.A.No.318/2001 2 that driver was having a valid driving licence. Tribunal fixed an amount of Rs.35,460/- as compensation and directed the third respondent insurer to pay the same. But interest was awarded only from 9.10.2000, i.e., the date of restoration of Original Petition which happened to be dismissed for default. According to the appellants, they are entitled to get interest from the date of filing of Original Petition itself. Hence this appeal. 2. Initially Original Petition was filed on 17.3.1995. It came up for trial on 4.8.2000. On that day the appellants and counsel were absent. Original Petition was dismissed for default. On 5.8.2000 appellants filed I.A.No.1739/2000 and the case was restored to file on 19.10.2000. Finally the Original Petition was disposed of on 25.10.2000. There is nothing on record to show that the appellant was not diligent in prosecuting the matter till 4.8.2000. Though Original Petition was dismissed on 4.8.2000, it was restored to file and taken up for consideration on 19.10.2000. So I am of the considered opinion that the Tribunal was not at all justified in refusing interest from the date of petition. I hold that the appellants are entitled to get interest from 17.3.1995, i.e., the date of filing of Original Petition. Appellants are allowed to realise interest at the rate of 12% per annum from the date of filing of Original Petition till the date of realisation. If the third respondent insurer had already deposited the amount awarded by the M.F.A.No.318/2001 3 Tribunal it need deposit the interest alone from the date of petition till the date of restoration alone. Appeal is disposed of in the above terms. K. PADMANABHAN NAIR, JUDGE. cks M.F.A.No.318/2001 4 K.PADMANABHAN NAIR, J. M.F.A.No.318 of 2001 JUDGMENT 19th March, 2008.