Reliance General Insurance Co Ltd v. Rakesh Kumar & ORS

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 28th May, 2018 % + MAC.APP. 593/2017 & CM APPL. 24701/2017 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through:

Mr. Arun Yadav, Advocate versus RAKESH KUMAR & ORS ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1.

The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.3,95,641/- has been awarded to respondent No.1.

2.

Learned counsel for the appellant submits that the Claims Tribunal has awarded interest @ 12% per annum which is on a higher side. It is submitted that this Court has been consistently awarding interest @ 9% per annum. It is further submitted that Claims Tribunal has imposed a cost of Rs.10,000/- without any justification.

3.

There is no appearance on behalf of respondent No.1 . No one appeared on 22nd February, 2018 as well.

4.

This Court is satisfied that the Claims Tribunal ought to have awarded interest @ 9% per annum. This Court also does not find any justification to MAC.APP. 593/2017 & CM APPL. 24701/2017

impose cost of Rs.10,000/-.

5.

The appeal is allowed and the interest of 12% per annum awarded by the Claims Tribunal is reduced to 9% per annum. Cost of Rs.10,000/- imposed by the Claims Tribunal is set aside.

6.

Copy of the judgment be sent to respondent No.1. 7.

Statutory amount be refunded back.

8.

Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.

MAY 28, 2018 J.R.MIDHA, J.

ds MAC.APP. 593/2017 & CM APPL. 24701/2017