The National Insurance Co. Ltd. Thr. Rm, Nagpur v. Mustaque Ahemad Skh. Chand And Others.

2023:BHC-NAG:15271 7fa1240-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF NO.2011 OF 2021 IN FIRST APPEAL NO.1240 OF 2013 THE NATIONAL INSURANCE CO. LTD. THR. RM, NAGPUR VS MUSTAQUE AHEMAD SKH. CHAND AND OTHERS.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Babrekar, Advocate for the applicants Shri Arvind Ukey, h/f Shri Karmarkar, Advocate for the respondent Nos.5 and 6 CORAM : ANIL S. KILOR, J.

DATED : 12.10.2023 1.

The learned counsel for the applicants makes a statement that he does not want to press this application against the respondent nos.4 and 5.

2.

The statement is accepted.

3.

This is an application for modification of judgment dated 25.02.2020 passed in First Appeal No.1240 of 2013 to the extent that while modifying the judgment of the Motor Accident Claims Tribunal, no interest was granted on the amount of compensation.

4.

After going through the judgments, I find substance in the submission of the learned counsel for the applicants that, no nd.thawre

7fa1240-13.odt interest was awarded on the amount of compensation granted by this Court while modifying the judgment of the Tribunal. 5.

In the circumstances, the judgment dated 25.02.2020 is hereby modified and thereby, it is held that the original respondent Nos.2 and 3 are jointly and severally liable to pay the interest at the rate of 8 % per annum on Rs.4,18,880/- from the date of petition i.e. 25.06.2008 till realization of the total amount.

6.

The application is disposed of accordingly.

[ANIL S. KILOR, J.] nd.thawre