NISHANKUMAR JAYANTIBHAI PATEL Vs. GEMABHAI JASHKARANBHAI PATEL

JUDGEMENT

(1.) By way of these appeals, the appellants have aggrieved only on one count in all these appeals. So far as these appeals are concerned, the learned tribunal at Kutch at Bhuj while disposing of the matters, has passed the following order.

(2.) The claimants have aggrieved as the opponent nos.3 and 4 have been held liable to pay interest @ 9% p.a. The question is of indemnification. The liability of the insurance company has been accepted by the insurance company as they have not raised or filed any appeal. It is an admitted position, which emerges from the record that opponent no.5's name was never given by opponent nos.3 and 4, as belatedly also they chose not to appear. It was much later that it came to be known to the claimants that the vehicle driven and owned by opponent nos.3 and 4 was insured by National Insurance Company Ltd. This High Court in case of Oriental Insurance Co. Ltd., V/s. Aminaben Rahimbhai Kadiwala & Ors. Reported in 2001 (2) G.L.R. 1108 has held that it is a question of indemnification and therefore, the insurer cannot deny its liability to pay interest.

(3.) It is vehemently submitted by Mr.Mehta, learned advocate for respondent no.5, that these appeals are filed only for the interest and therefore, after 2003, there cannot be any order for interest. The said submission is accepted. It is further submitted that the decision of Oriental Insurance Co. Ltd., V/s. Aminaben Rahimbhai Kadiwala & Ors. Reported in 2001 (2) G.L.R. 1108 would not apply to the facts of these cases. However, I am unable to accept the submission of Mr.Mehta, learned advocate for the respondent no.5.