Reliance General Insurance Co Ltd v. Gudia & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 134/2017, CM APPLs. 5340/2017, 14055/2017 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. M.P. Shahi, Adv.

Versus

GUDIA & ORS ..... Respondent Through: Mr. Anshuman Bal, Adv. for R-1 to R-3

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 16.05.2017 The only ground of challenge in this appeal is that instead of usual rate of interest @ 9% p.a. the impugned award has granted interest @ 12% p.a.

In Association of Victims of Uphaar Tragedy & Ors. Vs. Union of India 2003ACJ 1631, the Supreme Court had awarded interest @ 9% p.a. This Court too in a number of cases has consistently awarded the same rate of interest i.e. in National Insurance Co. Ltd. vs Komal & Ors. 2014 ACJ 1549 and National Insurance Co. Ltd. vs. Gaje Singh & Ors. 2012 ACJ 2346. Thus the award needs to be and is modified accordingly. The appellant shall pay the interest @ 9% p.a. on the awarded amount. The appeal is allowed in the above terms.

CM APPL. 14054/2017 Cross objections have been filed by way of this application. It be registered and listed as a separate appeal on 28.08.2017. NAJMI WAZIRI, J MAY 16, 2017/acm