1.       This revision petition has been filed under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 31.01.2023 in Appeal No. 10 of 2014 of the State Commission Orissa arising out of Order dated 06.08.2013 of the District Commission in Complaint no. 114 of 2009.

2.       Heard learned counsel for the petitioner as well as for the respondent and perused the record inter alia the Orders of the fora below. 

3.       It appears that the complaint was filed before the District Commission and after proceeding in accordance with law the complaint was allowed and the following award was passed:-

“The opp. Parties are hereby directed to pay the entire insurance claim to the complainant with interest @ 9% p.a. from the date of application till realization.  The opp. Parties are further directed to pay compensation of Rs 50,000.00 (Rupees Fifty Thousand) to the complainant for causing mental agony and harassment along with litigation expenses of Rs. 3,000.00 (Three Thousand) within a period of one month from the date of this order, failing which law shall take its own course.” 

4.       Aggrieved by the same the respondent went in the appeal which was disposed by making certain modifications.  The award made by the State Commission may be extracted which reads as follows:-

“Learned District Forum has directed to pay the entire IDV to the complainant but we found that the vehicle was purchased in 2005 and stolen in 2008.  The IDV value should be reduced because for three years the vehicle has been plying.  So, while confirming the finding of the learned District Forum, we hereby modified the impugned order by directing the OP to pay Rs. 5,00,000/- to the complainant within a period of 45 days from the date of the order, failing which the entire impugned order will revived.  The entire operative portion or impugned order is modified as stated above.           

5.       Learned counsel for the petitioner submits that there is a patent omission in the Order passed by the State Commission whereby no direction regarding the payment of interest has been made.  It has also been submitted that the compensation of Rs. 50,000/- for mental agony and Rs. 3,000/- for litigation expenses which were awarded by the District Commission has also been omitted. 

6.       Learned counsel appearing for the petitioner submits that if the rate of interest is reduced from 9% to 7% and the rest of the award made by the District Commission is kept intact it will be an acceptable award to the petitioner. 

7.       Learned counsel appearing for the respondent submits, on instructions, that the afore-said terms as proposed by the petitioner are acceptable to the respondent and the matter may be decided on consent.

8.       In view of the consenting submissions made by the rival sides the Order of the State Commission stands modified and the award passed by the District Commission stands affirmed with the modification that in place of 9% the respondent shall be liable to pay interest at the rate of 7% from the date of complaint till realization.  The rest of the award for the amount of Rs. 50,000/- plus Rs. 3,000/- stands affirmed.  It may also be observed that the amount of money, if any, already given back to the complainant shall be duly adjusted.

9.       The modified Order shall be complied with within a period of six weeks from today positively, failing which the District Commission shall forthwith undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law. 

10.     The Registry is requested to send a copy each of this Order to all parties in this petition and to their learned counsel as well as  to the fora below immediately. The stenographer is requested to upload this Order on the website of this Commission immediately.