Appeal No.478/09

Devilal V. The New India Insurance Co.Ltd.


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri S.K.Taylor ,counsel for the appellant

Shri Amar Nath Pareek,counsel for the respondent





Date of Judge,ment: 8.7.09




BY THE STATE COMMISSION



This appeal has been filed by the complainant appellant against the order dated 26.2.09 passed by the District Forum,Hanumangarh in complaint no.180/08,by which the complaint of the complainant appellant was allowed against the respondent insurance company in the manner that the respondent insurance company was directed to make a payment of Rs.8,78,900/- and further to pay interest on the above amount for 10 days only @ 12% p.a and Rs.1000/- as amount of cost of litigation.


It may be stated here that the truck no. RJ.31 G.6579 belonging to the complainant appellant was got insured with the respondent insurance company for the period 30.11.05 to 29.11.06 and that truck in question was stolen away by some one on 16.5.06

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for which FIR no.77/06 was registered with the police station,Jeera and the truck was not found traceable and earlier a complaint was filed by the complainant appellant bearing no.114/07 which was disposed of by the District Forum,Hanumangarh on 26.3.08 and the respondent insurance company was directed to settle the claim of the complainant appellant and since no claim was settled by the insurance company,therefore, a fresh complaint was filed by the complainant appellant on 18.8.08 in which the order as stated above was passed.


In this case,the only contention of the learned counsel for the complainant appellant is that since the District Forum had awarded interest on Rs.8,78,900/- only for 10 days and that was not justified at all as the vehicle in question was stolen on 16.5.06,therefore,the interest be awarded from 16.5.06,the date on which theft had taken place or alternatively wef 4.8.07 when previous complaint no.114/07 was filed and to that extent,the impugned order be modified.


On the other hand,the learned counsel for the respondent insurance company has supported the impugned order.


We have heard the learned counsel for the parties and perused the record.


In our considered opinion,it is settled position of law that interest should be awarded either from the date of incident or from the date of filing of the complaint. Since the complainant appellant had filed earlier complaint on 4.8.07,therefore,the complainant appellant is entitled to interest on the decretal amount wef 4.8.07 till the payment is made and in this case as per the case of the respondent insurance company that the impugned order dated 26.2.09 had been complied with on 20.5.08.

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When this being the position,since the complainant appellant is entitled to interest on Rs.8,78,900/- wef 4.8.07 till the payment is made and since interest for 10 days had been paid by the respondent insurance company to the complainant appellant,therefore,the complainant appellant is entitled to interest @12% p.a on Rs.8,78,900/- for the period 4.8.07 to 10.5.08.


The result is that this appeal filed by the complainant appellant is allowed in the manner that the respondent insurance company would further pay interest @ 12% p.a on Rs.8,78,900/- for the period 4.8.07 to 10.5.08 and to that extent,the impugned order dated 26.2.09 passed by the District Forum,Hanumangarh be treated as modified.




Member President