NCDRC

NCDRC

RP/1653/2007

NATIONAL INSURANCE CO. LTD. - Complainant(s)

Versus

SHATRUGHAN AGRAWAL - Opp.Party(s)

R.C.MISHRA

19 Aug 2008

ORDER

Date of Filing: 11 May 2007

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1653/2007
(Against the Order dated 23/02/2007 in Appeal No. 2524/2006 of the State Commission Madhya Pradesh)
1. NATIONAL INSURANCE CO. LTD. ...........Appellant(s)

Vs.
1. SHATRUGHAN AGRAWAL ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MRS. RAJYALAKSHMI RAO ,MEMBER
For the Appellant :R.C.MISHRA
For the Respondent :NEMO

Dated : 19 Aug 2008
ORDER

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Dispute between the parties as is reflected in the order dated 14th August, 2008, is with regard to rate of interest and the period from which it is to be paid. It is not in dispute that Surveyor in its report dated 13th March, 2005 assessed the net loss at Rs. 1,7,923/-. It is also not in dispute that interest @ 12% per annum has been awarded to the respondent by the District Forum from the date of filing of complaint which was instituted on 4th January, 2006. We have heard the Counsel of the parties. Ordinarily, amount as assessed by the surveyor is to be paid after two months of the submission of the report by the surveyor. In case of delay in payment of amount the Insurance Company has to pay interest. Thus the assessed amount ought to have been paid immediately after 13th May, 2005. However, interest has been awarded from the said date of filing of complaint. Taking note of this fact, we are not inclined to interfere with the order of District Forum as affirmed by State Commission, whereby interest has been awarded @ 12% per annum, in revisional jurisdiction. Dismissed. No order as to costs.


......................JK.S. GUPTAPRESIDING MEMBER
......................RAJYALAKSHMI RAOMEMBER