NEW INDIA ASSURANCE CO Vs. ROOPAWATI BHAT
LAWS(J&K)-1999-3-9
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 12,1999

NEW INDIA ASSURANCE COMPANY Appellant
VERSUS
ROOPAWATI BHAT Respondents

JUDGEMENT

T.S.DOABIA, J. - (1.) The complainant having received the amount after arriving at a settlement and after giving a receipt indicating full and final satisfaction, filed a complaint before the State Commission. It was contended that as there was delay in the matter of settling the claim, therefore there was deficiency of service. In these circumstances, interest was claimed for the period the matter remained pending with the Insurance Company.
(2.) A claim was registered. This was resisted on the ground that the complainant having given a receipt for full and final settlement, therefore, the complainant was not entitled to claim the interest.
(3.) The State Commission came to the conclusion that the receipt given by the complainant was only regarding the quantum of compensation. If there was any deficiency, then that would not be covered under the receipt of satisfaction given by the complainant. As there was delay in the matter of payment of compensation the Commission came to the conclusion that there was deficiency of service. It, therefore, allowed 18% interest. A sum of Rs. 50,000/- was also allowed as compensation. It is this aspect of the matter which is the subject matter of challenge in this appeal.;


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