T.C. John @ Yohannan (Deceased) Through Lrs. vs V.J. Antony and Others

2024 INSC 1016 REPORTABLE

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)

JUDGMENT

Rajesh Bindal, J.

1. Leave granted.

2. The present appeal arises out of impugned judgment 1

and order dated 07.09.2023 passed by the High Court 2 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: Page 1 of 7 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

widow and three daughters, filed claim appeal 3 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

3 OP (MV) no.655 of 2007 4 Motor Accidents Claim Tribunal, Thalassery

Page 2 of 7 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

Page 3 of 7 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 Page 4 of 7 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

Page 5 of 7 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. Page 6 of 7

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 December 19th, 2024.

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