NATIONAL INSURANCE CO LTD Vs. RAKESH GOSWAMI

JUDGEMENT

(1.) NONE present for the review petitioner. We are not inclined to grant further adjournment. We propose to dispose of the matter on merit at this stage.

(2.) THE only contention in the review petition is that the insurer has already paid certain interest by virtue of the order of the District Forum and therefore the said amount of interest should be excluded from the total liability as fixed by the judgment under review. We have noticed that the District Forum has not awarded any interest on the amount of compensation. The only stipulation in the concluding para of the judgment is that in the event of failure to pay the amount awarded within a period of 30 days the insurer would be liable to pay interest on the amount awarded @ 9% p.a. from the date of filing the complaint. This is a penal interest for failure to pay the awarded amount. We have in our judgment enhanced the award from Rs.15,000 to Rs. 33,000 taking into account the fact that the complainant had taken loan from the bank for his grocery shop and he had to pay interest on the loan amount for about 9 years. Therefore, the amount awarded by us has nothing to do with the penal interest provided in the judgment of the District Forum. Consequently, this review petition has no merit and therefore the same is dismissed.