The Oriental Insurance Co. Ltd. v. Mahendra Kumar Bharati And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No.1404 of 2007 The Oriental Insurance Company Limited through Divisional Manager the Oriental Insurance Company Limited Madina Manzil Kutchery Chowk Raipur Chhattisgarh ---- Appellant

Versus

1. Mahendra Kumar Bharati S/o Sewak Das Bharati aged 35 years

2. Smt. Sunita Bharati W/o Sri Mahendra Bharati age about 30 years Respondents No.1 & 2 resident of Chakraway PO Damakheda Tahsil Simga District Raipur Chhattisgarh

3. Mohan Lal Motwani S/o Kishore Motwani age about 22 years resident of Sanjay Ward Bhatapara Tahsil and Thana Bhatapara District Raipur Chhattisgarh (Driver of accidental vehicle No.709 C.G. 04 G 5193)

4. Rajkumar Idwani S/o Sri Bhagwan Das Idwani age about 42 years resident of near to Punjabi Gurudwara Bhagat Singh Ward Bhatapara Thana and Tahsil Bhatapara District Raipur Chhattisgarh (Registered owner of accidental vehicle No.709 C.G. 04 G 5193) ---- Respondents For Appellant : Shri Sudhir Agrawal, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 03/02/2017 1.

The sole ground has raised in this appeal is that the Learned Claims Tribunal could not have awarded any penal interest. 2.

On perusal of the award, it is apparent that no penal interest has been awarded and straightaway 9% interest has been awarded. 3.

The appeal is dismissed accordingly.

Sd/- (Deepak Gupta) CHIEF JUSTICE Subbu