IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 RP.No. 1220 of 2009() --------------------- AGAINST THE JUDGEMENT IN MFA.1266/1995 Dated 19/10/2009 .................... REVIEW PETITIONER(S): APPELLANT ------------------------------- V.A.JACOB, VAZHIYAMBALATHIL PUTHENKAVU P.O., CHENGANNUR. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): RESPONDENTS -------------------------- 1. JEEBOY THOMAS, S/O.T.P.THOMAS, THYKKOOTTATHIL, PURAMATTOM, MALLAPPALLY. 2. VARGHESE GEORGE @ SAJ S/O.GEORGE, THANNOOTHARAYIL, ALA, CHENGANNUR. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE: ALAPPUZHA. BY ADV. SRI.LAL GEORGE. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & P.R.RAMACHANDRA MENON, J. ------------------------------- R.P.No.1220 of 2009 in M.F.A.No.1266 of 1995 ------------------------------- Dated this the 24th day of February, 2010 O R D E R Raman, Ag.C.J. The review petition is filed on the sole ground that interest on the additional compensation which we have awarded as per our judgment dated 19.10.2009 is only from the date of the judgment, instead of the date of application. The learned counsel appearing for the review petitioner placed reliance on the decision of the Apex Court in Chameli Wati and another v. Delhi Municipal Corporation (AIR 1986 SC 1191) in this regard. As a matter of fact, interest was ordered with effect from the date of the judgment, taking note of fact that the Tribunal has awarded interest at the rate of 12% per annum from the date of accident (which is on the higher side) and further the appeal itself was dismissed for default and it was restored only much later. The delay is also a factor to be reckoned for granting interest, as it will prejudicially affect the right of other side. It was taking note of all the above facts that R.P.No.1220 of 2009 2 the interest was made effective from the date of judgment. Hence, we do not find any grounds to review the judgment. Accordingly, the review petition is dismissed. P.R.RAMAN, Ag. CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE nj.