B. NAGAMANI Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS Appeal arises out of Judgment and Decree, dated 15 -04 -2004, in OS. No. 34 of 2000, on the file of the Court of the learned IV Additional District Judge, Kakinada.

(2.) THE limited aspect raised in this Appeal pertains to non -award of pendente lite interest on the decretal amount.

(3.) AWARD of pendente lite and post decree interest is covered by Section 34 of the Code of Civil Procedure, 1908 (CPC). A perusal of the said provision shows that discretion is vested in the Court for award of interest. Section 34 CPC fell for judicial interpretation in many a case. It is not necessary for this Court to refer to all the precedents. It will suffice to take note of the judgment of the Supreme Court in Thazhathe Purayil Sarabi and others v. Union of India : (2009) 7 SCC 372 wherein, on consideration of the relevant case law, the Supreme Court has summarized the legal position as under: