IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 53 of 2008(B) ---------------------------------- OP(MV).NO.93/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR. .................... APPELLANT/ FIRST RESPONDENT: -------------------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENTS/ PETITIONER & RESPONDENT NO.2: --------------------------------------------------------------------------- 1. SHERIEF, S/O. MUSTHAFA, VALIYAVEETTIL HOUSE, PAZHANGAD, EDAVANAKKAD. 2. ANTONY, S/O. AUGUSTINE, CHAKKARAKKADAN VEEDU, KANJOOR, ERNAKULAM. *ADDL.R3. THE NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, P.B. NO. 434, ST. JOSEPHS PRESS BUILDING, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014. *IS IMPLEADED AS PER ORDER DATED 18/11/2008 IN I.A. NO. 203/2008. R1 BY ADV. SRI.K.I.ABDUL RASHEED, ADDL.R3. BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 53/2008-B: ORDER ON I.A. NO. 61/08 IN M.A.C.A. NO. 53/2008-B DISMISSED 18/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 53 OF 2008 = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)93/01. The Tribunal has awarded a compensation of Rs.33,200/- with 7% interest and the K.S.R.T.C. is directed to deposit the amount. The claimant cannot be deprived of his interest from the date of petition till realisation. Really there was a valid insurance for the vehicle at the time of the accident. The claimant did not know about it and the K.S.R.T.C in spite of knowing it did not take any steps at appropriate stage to implead the insurance company. It is only now in this appeal K.S.R.T.C has chosen to implead the National insurance company. Along with the appeal the policy is also produced which would show that the vehicle had a valid insurance coverage at the time of the accident. So the liability of the insurance company to indemnify the K.S.R.T.C is there in this case. M.A.C.A. 53 OF 2008 -:2:- 2. Then the only question is what about the interest. The insurance company has no responsibility for the delay in non-impleadment of it. At least the K.S.R.T.C should have done it. Therefore the only method is to direct the K.S.R.T.C to pay interest on the amount from the date of petition till today and direct the insurance company to pay the award amount to the claimant with interest from today till realisation. Since some amount is deposited for the purpose of filing the appeal the interest portion can be worked out and it can be disbursed to the claimant. The other amount shall be deposited by the insurance company and therefore the claimant will be entitled to have the full usufructs of the award passed by the Tribunal. 3. If any further interest is due, K.S.R.T.C is directed to deposit that amount towards satisfaction of the award. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-