Annie Varghese and Others vs State of Kerala and Others

The only grievance of the petitioners is that the High court has disallowed interest on solatium. Learned counsel submits that the question whether interest on solatium can be granted is now pending before the Constitution bench of this court. We do not think that it would be worthwhile to grant special leave in this case solely on the ground that a question of law on that aspect is pending before a Constitution bench of this Court. In case the Constitution bench upholds the contention that interest on solatium is to be granted we permit the petitioners to move the High court to amend the judgment and decree for carrying out the legal position declared by the Constitution bench in that regard. If any such motion is made for amendment after the Constitution bench renders the decision the High court will pass appropriate orders to make the judgment in tune with the law so declared by the court. This rider is enough to safeguard the interests of the petitioners. With the above observations these Special Leave Petitions are disposed of. Court Masters