Full Judgment Text
REPORTABLE
2024 INSC 1016
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14749 OF 2024
(ARISING OUT OF S.L.P. (C) NO. 6313 OF 2024)
T.C. JOHN @ YOHANNAN (DECEASED)
THROUGH LRS. … Appellant(s)
VERSUS
V.J. ANTONY AND OTHERS … Respondent(s)
J U D G M E N T
Rajesh Bindal, J.
1. Leave granted.
1
2. The present appeal arises out of impugned judgment
2
and order dated 07.09.2023 passed by the High Court vide
which the appeal filed by the appellants-claimants was partly
accepted enhancing the compensation payable to the
Signature Not Verified
1 MACA no.1072 of 2015
2 High Court of Kerala at Ernakulam
Digitally signed by
Gulshan Kumar Arora
Date: 2024.12.19
17:14:43 IST
Reason:
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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.
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
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widow and three daughters, filed claim appeal before the
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Tribunal 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
3 OP (MV) no.655 of 2007
4 Motor Accidents Claim Tribunal, Thalassery
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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
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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
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
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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
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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 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.
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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.
……………….……………..J.
(J.K. MAHESHWARI)
……………….……………..J.
(RAJESH BINDAL)
New Delhi
th
December 19 , 2024.
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