Nagaland

StateCommission

RA/1/2022

Oriental Insurance Co Ltd - Complainant(s)

Versus

Shri Imkongangba Longkumer - Opp.Party(s)

Nuksungtila, Dziesesatuo

18 Mar 2023

ORDER

NAGALAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KOHIMA, NAGALAND
 
Review Application No. RA/1/2022
( Date of Filing : 09 Dec 2022 )
In
First Appeal No. A/1/2022
 
1. Oriental Insurance Co Ltd
The Divisional Manager, The Oriental Insurance Co. Ltd., Divisional Office, Church Road, Dimapur - 797112
...........Appellant(s)
Versus
1. Shri Imkongangba Longkumer
R/o House No 474, Lower Lerie Colony
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE S. Hukato Swu PRESIDENT
 
PRESENT:
Sungtila
......for the Appellant
 
Yalemsen Ao
......for the Respondent
Dated : 18 Mar 2023
Final Order / Judgement

Heard the learned counsel, Miss Sentila for the Revisionist and also learned counsel Mr. Yalemsen Ao for the Respondent. The matter which is to be clarified in the RA 1/2022 are:

  1. Whether a sum of ₹ 3,50,993/- has to be deducted from the awarded amount or has to be included.
  2. Whether the interest should be computed from the date of filing of the Complaint Petition or should be computed from the expiry of 30 days of passing of the order dated 01.11.2022.

It is clarified that amount of ₹ 3,50,993/- is to be deducted from the awarded amount of ₹ 4,80,993/-.

Interest shall be counted from the date of filing of the complaint on the awarded amount irrelevant of the fact that the Revisionist had deposited an amount of ₹ 3,50,933/- on 21.01.2020. The Complainant had withdrawn the sum only in the year 11.11.2021. There is complication in the computation having regard to deposit drawal and final award which makes the computation of interest complicated. It will be in the interest of justice to compute the interest from the last final awarded amount from the date of filing. Taking the calculation of the interest from the date of filing will now work out as:

          3,50,993 + 1,30,000       = 4,80,993

          4,80,993 @ 9%              = 43,289

          43,289 x 3 years             = 1,29,867

1,29,867 interest amount + 1,30,000 damages.

Total amount to be paid by the Revisionist to the Claimant is ₹ 2,59,867 /- (Rupees two lakhs fifty-nine thousand eight hundred and sixty-seven)

The Commission directs that the Revisionist pay a sum of ₹ 2,59,867 to the Complainant with 30 days of the issue of the order in default of 9% p.a. interest shall be added to the awarded amount till realisation

Review application is accordingly disposed.

 
 
[HON'BLE MR. JUSTICE S. Hukato Swu]
PRESIDENT
 

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