VidhiSangh

Supreme Court of India · 19/12/2024

T.C. JOHN @ YOHANNAN (DECEASED) THROUGH LRS. versus V.J. ANTONY AND OTHERS

[2024] 12 S.C.R. 1143

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that motor accident claimants could not be denied interest on enhanced compensation for the years their appeal lay pending in the High Court merely because their counsel delayed serving the paper book on the insurer's counsel, while upholding denial of interest for the 708-day delay in filing the appeal.

Issues

  1. Whether the compensation as enhanced by the High Court called for further enhancement.
  2. Whether claimants could be denied interest on enhanced compensation for the period during which their counsel failed to supply the paper book to the insurer's counsel while the appeal was pending.
  3. Whether denial of interest for the period of delay in filing the appeal, imposed as a condition of condonation, was justified.

Held

Result

Appeal partly allowed; the High Court's order modified so that the claimants receive interest at the same rate for the period 22.06.2016 to 13.07.2023, the denial of interest for the 708-day delay in filing the appeal being maintained; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1143.