IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 RP.No. 460 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN MFA.190/2008 Dated 28/11/2008 .................... REVIEW PETITIONER(S): PETITIONERS --------------------------------- 1. UNION OF INDIA, REP. BY CHAIRMAN, KONKAN RAILWAY-MUMBAI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT(S): --------------- 1. K.N.SADANANDAN, KONDELTHARAVIL- VANDENAMEDU P.O., IDUKKI DISTRICT, KERALA STATE. 2. K.K.SANTHAMMA, W/O.K.N.SADANANDAN, KONDELTHARAVIL, VANDENAMEDU P.O., IDUKKI DISTRICT, KERALA STATE. BY ADV. SRI.A.K.MADHAVAN UNNI THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & THOMAS P. JOSEPH, JJ. ```````````````````````````````````````````````````` R.P. No. 460 of 2009 in M.F.A. No. 190 of 2008 ```````````````````````````````````````````````````` Dated this the 26th day of June, 2009 O R D E R Balakrishnan Nair, J. The review petitioners have changed their counsel, who appeared in the appeal and this review petition is filed stating that there was delay on the part of the respondents herein and, therefore, they were not entitled to get interest. The finding to the contrary in the judgment under review is wrong, it is submitted. We notice that the accident took place in the year 2000. In 2000 itself, the application was filed. Having regard to various reasons, the matter before the Claim Tribunal was protracted and finally the award was passed. Upon receipt of the claim, the review petitioners could have deposited the amount. Thereafter, they kept the amount with them and, therefore, their objection to pay interest is plainly untenable and unjust. The proceedings before RP.460/09 : 2 : the Tribunal will take its own time. For that, the parties cannot be blamed. The same cannot be a ground for reviewing the judgment. Accordingly, the Review Petition is dismissed. Sd/- (K. BALAKRISHNAN NAIR, JUDGE) Sd/- (THOMAS P. JOSEPH, JUDGE) aks // True Copy // P.A. to Judge