IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WA.No. 53 of 2009 -------------------------- AGAINST THE JUDGEMENT` IN WPC.36955/2008 DATED 02/01/2009 .................... APPELLANT/ PETIIONEER: -------------------------------------- THE ORIENTAL INSURANCE CO.LTD,THODUPUZHA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADVS. SRI.GEORGE CHERIAN (THIRUVALLA), SRI.ALEXY AUGUSTINE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SANDHYA.G, D/O LATE GOPAKUMAR, RESIDING AT SANSAM, PANAKADU, VELIMUKKU.P.O, MUNNIYOOR VILLAGE,THIROORANGADI TALUK. 2. SWAPNA.G, D/O LATE GOPAKUMAR,RESIDING AT SANSAM, PANAKADU, MUNNIYOOR VILLAGE, THIROORANGADI TALUK. 3. THE HON'BLE MOTOR ACCIDENTS CLAIMS, TRIBUNAL, TIRUR. R1 & R2 BY ADV. SMT. LATHA PRABHAKARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.53 of 2009 ------------------------------------- Dated 12th January, 2009 JUDGMENT Koshy, Ag.C.J . Father of respondents 1 and 2 sustained fatal injuries in a motor accident and succumbed to the injuries. Their mother has already passed away. In the application for compensation the Motor Accidents Claims Tribunal awarded a compensation of Rs.9,70,000/= with 6% interest from the date of application. A further direction was issued stating that if the amount is not paid within a period of six months from the date of award, the amount of compensation will carry interest at the rate of 12% per annum from the date of filing the petition. An appeal was filed by the insurance company. Ext.P2 in the writ petition is the copy of the appeal filed by the insurance company. Findings regarding negligence and quantum of compensation were challenged in Ext.P2 appeal. The direction of the Tribunal that if the compensation amount is not paid within six months from the date of the award, 12% interest will be payable was not challenged. The appeal was dismissed at the time of admission itself finding that the finding of negligence was correct and that no interference is required in the quantum of compensation. W.A.53/2009 2 Thereafter, in execution proceedings, interest at 12% was ordered as that part of the award was not challenged in appeal and that has become final. Insurance company challenged that in a writ petition. Learned single Judge found that award of the Tribunal is appealable, that appeal was filed, but, this point was not questioned and it has become binding on the insurance company which filed the appeal and that the appeal was dismissed. Contention of the insurance company is that award of interest on default of payment within a fixed time is illegal. If that is illegal, insurance company ought to have challenged that in the appeal. The award cannot be stated to be a nullity. The insurance company filed the appeal with open eyes. Without challenging that and since the award has become final, it cannot be challenged while execution proceedings are going on. Learned Judge correctly dismissed the writ petition. We see no ground to interfere with the impugned judgment. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks