Order No. 7 dt. 10/06/2019
The Dhr has filed a petition stating that the company received the 75% of the insured value of Rs.10,02,487/- and also received compensation of Rs.10,000/- and litigation cost of Rs.5,000/-. Dhr also further prayed for interest of Rs.2,79,809/-. The Dhr in total received cheque amount of Rs.10,17,487/-.
The Jdr has filed an objection stating inter alia that after hearing of the case this Forum directed to Jdr to pay sum or Rs.5,00,000/- only on non-standard basis and further directed to pay compensation of Rs.10,000/- as compensation and Rs.5,000/- as litigation cost. Thereafter the Jdr preferred an Appeal before the Hon’ble SCDRC being no. A/226/2016 wherein Hon’ble State Commission directed Jdr to settle the claim on non-standard basis by paying 75% of the IDV to the Dhr within 40 days from the date of this Order. The Jdr has already complied the Order passed by the Hon’ble State Commission and sent a cheque of Rs.10,17,487/- to the Dhr. On the basis of the said fact Jdr stated that no amount is due to the Dhr and on the basis of the said fact Jdr prays for disposal of this case as the payment has already been made by the Jdr.
Considering the submission of respective parties it appears that the Hon’ble State Commission passed Order without disturbing the compensation and litigation cost awarded by this Forum. So far as the total claim of the Dhr is concerned the same was ascertained by the Hon’ble State Commission and the Dhr has complied the Order within 40 days.
Therefore, we hold that the Dhr will not be entitled to get any further interest as claimed by the Dhr. Accordingly, we hold that the Jdr has complied the Order of Hon’ble State Commission and already paid the amount, therefore, the Execution Case is disposed of on full satisfaction and the petition filed by the Dhr for further interest is hereby rejected.
Hence, ordered,
That Case No. EA-216/2018 is disposed of in full satisfaction of the Order, since the Jdr has complied the same.
