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2000 Supreme(Ker) 673

K.K.USHA, R.RAJENDRA BABU
Ramankutty Menon – Appellant
Versus
Motor Accidents Claims Tribunal – Respondent


JUDGMENT

R. Rajendra Babu, J.

1. Whether the petitioner is entitled to interest on the compensation amount awarded by the Motor Accidents Claims Tribunal, from the date of deposit of the amount before the Tribunal till notice of such deposit is given to the petitioner or till the date of knowledge of such deposit, is the moot question for consideration.

2. The petitioner and his wife were awarded compensation of Rs. 2,42,400 with interest at 12 per cent thereon by the Motor Accidents Claims Tribunal, Ernakulam in O.P. (MV) No. 466 of 1988 due to the death of their son in a motor traffic accident. The liability of the insurance company was limited to Rs. 1,50,000 and the rest of the amount had to be paid by the owner of the offending vehicle. The Tribunal passed the award on 22.11.1991. As per Section 168 (3) of the Motor Vehicles Act of 1988 (hereinafter referred to as 'the Act'), the award amount had to be deposited as directed by the Tribunal within a period of one month from the date of the award. But the award amount was not deposited within the statutory period. On 14.2.1992 the petitioner filed LA. No. 2599 of 1992 for the issue of a certificate under Section 174 of the Act to t















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