T.C. JOHN @ YOHANNAN (DECEASED) THROUGH LRS. versus V.J. ANTONY AND OTHERS
[2024] 12 S.C.R. 1143, Supreme Court of India, 2024
Outcome: Case Partly allowed (Granted)
Segment: Issues
[2024] 12 S.C.R. 1143 : 2024 INSC 1016
T.C. John @ Yohannan (Deceased) Through Lrs.
v.
V.J. Antony and Others 
(Civil Appeal No. 14749 of 2024)
19 December 2024
[J.K. Maheshwari and Rajesh Bindal,* JJ.]
Issue for Consideration
Whether the High Court was justified in denying the interest for the 
period between 22.06.2016 to 13.07.2023, which was the period of 
delay in supplying the copy of paper book to the standing counsel 
for the insurance company.
Headnotes†
Motor Vehicle Accident claim – Denial of interest – The 
High Court had partly accepted appeal while enhancing the 
compensation, however, it denied the interest for the delay of 
708 days in filing appeal and interest for the period between 
22.06.2016 to 13.07.2023 – Justified or not:
Held: As far as assessment of compensation is concerned, 
the same does not call for interference by this Court – The 
appellants-claimants, for the period between 22.06.2016 to 
13.07.2023, have been denied interest on the ground that there 
was delay on the part of the counsel for the appellants-claimants 
in not supplying the copy of the paper book to the counsel for the 
insurance company – Once the matter was before the Court, the 
appellants-claimants should not be deprived of the interest for the 
period between 22.06.2016 to 13.07.2023 – It cannot be said to 
be the fault on the part of the appellants-claimants, comparable 
to a fault in filing the appeal beyond the period of limitation – In 
the case in hand, the appeal was
barred by 708 days – The High 
Court while condoning the same, specifically directed that the 
appellants-claimants will not be entitled to any interest for the 
aforesaid period, in case the amount of compensation is enhanced – 
The order is quite reasonable – The aforesaid delay in filing the 
appeal was attributable to the appellants-claimants, hence, they will 
* Author
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Supreme Court Reports
not be entitled to the interest for the period of 708 days – At the 
same time, after having filed the appeal and during the pendency, 
the appellants-claimants should not be made to suffer directing for 
non-payment of interest, because for such default claimants alone 
could not be held responsible – Consequently, denial of interest to 
the appellants for the period between 22.06.2016 to 13.07.2023 
as directed is not justified. [Paras 9, 10, 11]
List of Keywords
Enhancement of compensation; Interest; Condonation of delay; 
Denial of interest.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 14749 of 2024
From the Judgment and Order dated 07.09.2023 of the High Court 
of Kerala at Ernakulam in MACA No. 1072 of 2015
Appearances for Parties
Harshad V. Hameed, Dileep Poolakkot, Advs. for the Appellant.
Ms. Mrinal Kanwar, Vaibhav, Mayank Mikhail Mukherjee, Ujjwal 
Singh, Advs. for the Respondents.
Judgment/Order of the Supreme Court
Judgment
Rajesh Bindal, J.
1.	
Leave granted.
2.	
The present appeal arises out of impugned judgment1 and order 
dated 07.09.2023 passed by the High Court2vide which the appeal 
filed by the appellants-claimants was partly accepted enhancing the 
compensation payable to the appellants-claimants. The grievance 
raised by the appellants-claimants is that the High Court has denied 
interest to them for the period between 22.06.2016 to 13.07.2023.
1	
MACA no.1072 of 2015
2	
High Court of
Kerala at Ernakulam
[2024] 12 S.C.R. 
1145
T.C. John @ Yohannan (Deceased) Through Lrs. v.  
V.J. Antony and Others
3.	
The facts as available on record in brief are that the accident took 
place on 07.08.2006 when the deceased was travelling in his jeep 
along with his wife(now widow) and children and a bus hit their 
jeep, resulting in death of the deceased. The appellants-claimants, 
consisting of deceased’s widow and three daughters, filed claim 
appeal3 before the Tribunal4 seeking compensation of ₹15,00,000/-. 
The Tribunal passed an award of ₹4,15,000/- along with interest @ 
7.5% per annum in favour of the appellants-claimants, making the 
driver, owner and the insurance company of the bus liable to pay 
the same. 
4.	
Aggrieved against the award dated 18.11.2011 passed by the 
Tribunal, the appellants-claimants filed appeal before the High Court. 
There was a delay of 708 days in filing the appeal. The same was 
condoned vide order dated 24.08.2023 with the condition that on 
the enhanced compensation, if allowed, the appellants-claimants will 
not be entitled to claim interest for the period of delay of 708 days. 
Further the period for which there was delay in service of copy of 
paper book upon the standing counsel for the insurance company 
shall be decided at the time of final disposal of the appeal. 
5.	
The High Court partly accepted the appeal while enhancing the 
compensation further by an amount of ₹9,84,500/- along with 
interest @ 8% per annum. It was directed that
appellants-claimants 
shall not be entitled to the interest for the delay period of 708 days 
in filing the appeal as was directed vide order dated 24.08.2023. 
Further appellants-claimants were not allowed interest for the period 
between 22.06.2016 to 13.07.2023, which was the period of delay 
in supplying the copy of paper book to the standing counsel for the 
insurance company.
6.	
Learned counsel for the appellants-claimants submitted that the 
appellants-claimants are poor and illiterate persons. The deceased 
was the only bread earner for the family, working as driver, died 
leaving behind his widow and three daughters as his dependents. 
The family was having a hard time to make both ends meet. The 
amount of compensation as assessed is on lower side as the income 
of the deceased was not assessed properly and hence, appropriate 
3	
OP (MV) no.655 of 2007
4	
Motor Accidents Claim Tribunal, Thalassery
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Supreme Court Reports
compensation was not awarded. It was further argued that the appeal 
having been filed before High Court, there had been a delay in the 
process on account of the fault of the counsel of appellants-claimants, 
which should not be taken against the appellants-claimants as they 
were not at fault. Hence, the insurance company should be made 
liable to pay interest on the enhanced compensation. The appellants-
claimants should not be deprived of interest for the period between 
22.06.2016 to 13.07.2023.
7.	
On the other hand, learned counsel for the respondents submitted 
that the assessment of compensation by the High Court is already 
on higher side, however, still the insurance company, accepting the 
same, has not preferred any appeal. The order of the High Court 
does not call for interference even with reference to claim regarding 
interest for the period between 22.06.2016 to 13.07.2023, during 
which the copy of the paper book was not supplied by the counsel for 
the appellants-claimants to the counsel for the insurance company.
8.	
Heard the learned counsels for the parties and perused the record 
available.
9.	
As far as assessment of compensation is concerned, in our view 
the same does not call for interference by this Court. The accident 
took place on 07.08.2006. The income of the deceased, claimed 
to be working as a driver, has been properly assessed at ₹8,750/- 
per month by the High Court. Under other heads also,
appropriate 
amount of compensation has been awarded. Hence, award to that 
extent does not call for interference.
10.	 The appellants-claimants, for the period between 22.06.2016 to 
13.07.2023, have been denied interest on the ground that there 
was delay on the part of the counsel for the appellants-claimants 
in not supplying the copy of the paper book to the counsel for the 
insurance company. Once the matter was before the Court, the 
appellants-claimants should not be deprived of the interest for the 
period between 22.06.2016 to 13.07.2023. It cannot be said to 
be the fault on the part of the appellants-claimants, comparable 
to a fault in filing the appeal beyond the period of limitation. In 
the case in hand, the appeal was barred by 708 days. The High 
Court while condoning the same, specifically directed that the 
appellants-claimants will not be entitled to any interest for the 
aforesaid period, in case the amount of compensation is enhanced.
[2024] 12 S.C.R. 
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T.C. John @ Yohannan (Deceased) Through Lrs. v.  
V.J. Antony and Others
The order is quite reasonable. The aforesaid delay in filing the appeal 
was attributable to the appellants-claimants, hence, they will not be 
entitled to the interest for the period of 708 days.
11.	 At the same time, after having filed the appeal and during the 
pendency, the appellants-claimants should not be made to suffer 
directing for non-payment of interest, because for such default 
claimants alone could not be held responsible. Consequently, denial 
of interest to the appellants for the period between 22.06.2016 to 
13.07.2023 as directed is not justified. 
12.	 For the reasons mentioned above, the present appeal is partly allowed. 
The impugned order passed by the High Court is modified to the 
extent that the appellants-claimants shall be entitled to compensation 
as directed and interest at the same rate for the period between 
22.06.2016 to 13.07.2023.
13.	 Accordingly, the appeal is partly allowed with no order as to costs.
Result of the case: Appeal partly allowed.
†Headnotes prepared by: Ankit Gyan