NEW INDIA ASSURANCE CO LTD Vs. VINEET KUMAR GOYAL
LAWS(UTNCDRC)-2004-3-3
UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 18,2004

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
VINEET KUMAR GOYAL Respondents


Referred Judgements :-

RAJPAL MAHANA V/S. NATIONAL INSURANCE CO. [REFERRED TO]
ZENITH COMPUTERS LTD VS. VENUS COMPUGRAPHICS [REFERRED TO]
SATELEC POWER ELECTRONICS P LTD VS. NATIONAL RESEARCH DEVELOPMENT CORPORATION OF INDIA [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal against the judgment and order dated 13.11.2003 passed by the District Forum, Dehradun.
(2.)THE brief facts of the case are that the vehicle of the complainant met with an accident it was insured. The learned Forum after hearing the parties allowed the compensation of Rs.64,364/ - (Rupees sixty four thousand three hundred sixty four) along with interest @ 10%. The learned Forum also allowed compensation of Rs.5,000/ - (Rupees five thousand) for mental pain and agony and cost of litigation of Rs.1,500/ - (Rupees one thousand five hundred ). Against which order, the present appeal has been filed.
(3.)THE amount of Rs.64,364/ - (Rupees sixty four thousand three hundred sixty four) has been paid. There is no dispute regarding this amount of compensation. It has been paid and since it has been paid and it was not agitated, we need not go into the further merits of the (sic. ).
The learned Counsel for the appellant challenged the interest @ 10%. It was ordered to be paid from 13.6.1993 till the date of payment. The amount has been deducted from the bills of the complainant on 13.6.1993, therefore, the learned Forum has directed to pay interest from this date. The claimant has claimed interest @ 18% p. a. The loss of the complainant is there and had the amount not been deducted and had the complainant received this amount, he would have deposited it in some Bank or would have utilized it in some business. In these circumstances, interest @10% cannot be said to be on the higher side.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.