IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 LA.App..No.321 of 2003 (A) --------------------------------- LAR.172/1995 of ADDL.SUB COURT,N. PARAVUR .................... APPELLANT(S): CLAIMANT ------------------------------- 1. C1. VARGHESE S/O. KURIAKODE, VEEPANATH HOUSE, ADOOR KARA, AMBALAMUGHAL (DIED) 2. C1(a). KURIAKOSE SON OF VARGHESE, VEEPANATH HOUSE, ADOOR KARA, AMBALAMUGAL (POWER OF ATTORNEY HOLDER OF VARGHESE) BY ADV. SRI.M.P.ABRAHAM SRI.C.V.JOHNY SRI.GEORGIE SIMON RESPONDENT(S): RESPONDENTS --------------------------------------- 1. STATE OF KERALA 2. ADDL.2. COCHIN REFINERIES REPRESENTED BY COMPANY SECRETARY. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ C. M. P. No.1047 of 2003 & L. A. A. No.321 of 2003 ------------------------------------------------ Dated this the 18th day of June, 2009 JUDGMENT Pius C. Kuriakose, J Delay is 832 days in filing the appeal. However, delay is condoned on condition that the appellant pays a sum of Rs.1,000/- to the Kerala Mediation Centre within three weeks from today and produces memo. This is appeal preferred by the claimant and the grievance seriously voiced in the memorandum is that the Reference Court though granted enhancement did not award interest on the solatium component of the enhanced compensation. It is by now trite that solatium is also part of total enhanced compensation and the said component will also carry interest at the L. A. A. No.321 of 2003 -2- rates admissible under law. It is clarified accordingly. In view of the above clarification, the LAA is disposed of. It is made clear that the appellant will be entitled for the benefit of the above clarification only if he has complied with the conditions imposed by us on C.M.P.1047/03. It is also made clear that during the period of delay condoned by this judgment, the appellant will not be eligible for interest on the solatium component of the enhanced compensation. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-