NEW INDIA ASSURANCE COMPANY LTD Vs. S.MARUTHAMMA

JUDGEMENT

(1.) This appeal is filed U/s 27 A of C.P.Act 1986 questioning the order dated 6.6.2008 passed in PP 18/2005 in CD 26/2004 where under NBW was issued against the appellant/OP to secure the presence for serving sentence of imprisonment for one year for non-compliance of the order passed.

(2.) The learned counsel for the appellant contended that the Opposite party/ J. Dr in CD 26/2004 had deposited Rs.25,000/- towards statutory deposit and Rs.50,000/- as per the interim orders passed by the State Commission, i..e. in FAIA 856/2005 in FASR 2470/2005 of CD 26/2004. The deposit of the said amount was brought to the notice of the District Forum, yet, without verifying the deposit, the order was passed erroneously which is liable to be set aside. There was no representation of the respondent/complainant at the time of hearing to find out the actual amount received. Point for consideration is whether the impugned order is sustainable ? We have perused the records. From the undisputed facts and the material available on record we have arrived at the following conclusions.

(3.) There is no dispute that the District Forum has allowed the complaint and passed the order dated 28.2.2005 directing the appellant/OP to pay a sum of Rs. One lakh with interest at 12% from the date of death of the insured till realization. On appeal in FA 1063/2005 the order was modified in respect of the commencement of the date of interest i.e, order to pay interest from the date of repudiation i.e,. 09.12.2003 till realization.