Heard Ms. S.S. Choudhury, learned counsel, appearing for the petitioner/respondent. None appears for the appellant.
M.A. 2/14 is filed by the respondent insurance company for modification of the order dated 2/8/2013 passed by this Commission in C.A. 33/03.
Ms. Choudhury has submitted that the judgment of the District Forum dated 10-2-2003 passed by the District Forum, Dibrugarh, in C.P. Case No. 8/2001 and the direction issued thereunder has been totally complied with by the respondent insurance company by depositing a cheque for an amount of Rs. 2,19,366/- on 24-3-2003 and the same is reflected in the order dated 25-3-2003 in the case record of C.P. 8/2001. Order dated 25-3-2003 of the District Forum makes it very much clear that the principal amount and the interest up to that date, was deposited by the insurance company ( opposite party ) and no other order was passed by the District Forum.
The District Forum accepted the amount and directed the office to issue notice to the complainant of the case to receive the amount. Record of the District Forum shows that there was no objection petition filed by the complainant of that case regarding non-payment of any amount.
This Commission upheld the judgment of the District Forum. That the opposite party paid the amount, ordered by the District Forum along with interest on 25-3-2003, somehow missed the notice of the Commission and hence direction was issued in the order dated 2-8-2013 to pay interest of Rs. 1,92,000/-. The interest part of the order of this Commission passed in C.A. 33/03 requires to be modified and it is modified that the interest as paid on 25-3-2003, is the interest to be paid by the opposite party insurance company in the original case.
Situated thus, no more amount remains to be paid by the insurance company to the complainant in C.P. Case No. 8/2001. The order dated 2-8-2013 passed in C.A. 33/03 is modified accordingly.
Misc Case No. 2/14 filed by the respondent insurance company is disposed of accordingly. The complainant may receive the amount from the District Forum.