MANVENDRA SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Petitioner Manvendra Singh is the complainant in this case and Respondent Nos. 1,2,3 were the opposite parties in the same order before the District Forum. On a consumer complaint filed by the petitioner against the three opposite parties/respondents, the District Consumer Disputes Redressal Forum, Jhunjhunu ('District Forum' for short) allowed the complaint of the petitioner vide its order dated 3.9.2008. The operative part of the order reads thus:

(2.) Both the complainant and the two opposite parties against whom the District Forum passed the order, approached the State Consumer Disputes Redressal Commission, Rajasthan (Jaipur) ('State Commission' for short) challenging the order of the District Forum by their respective cross appeals. By its impugned order dated 12.2.2009, the State Commission dismissed the appeal filed by Opposite Party Nos. 1, 2 on merits but reduced the rate of interest on the decretal amount 12% to 9% p.a. Other parts of the order passed by the District Forum were duly upheld. So far as the cross appeal of the complainant regarding the date of effect of the payment of interest and the rate of interest is concerned, the same was dismissed by the State Commission vide the same impugned order. In other words, while the rate of interest payable on the decretal amount has been reduced from 12% to 9%, the rest of the order of the District Forum was kept intact and upheld by the State Commission through the impugned order. Not feeling satisfied with the award in his favour passed by District Forum as modified by the impugned order dated 12.2.2009 passed by the State Commission, the complainant has approached this Commission through the present revision petition. It appears that anbther revision petition bearing No. 3383 of 2009 filed by opposite parties/respondent Nos. 1, 2 challenging the impugned order has already been dismissed both on the grounds of limitation as well as on merits by this Commission vide its order dated 20.10.2009.

(3.) The issue involved in the present petition is whether after allowing insurance claim of the petitioner by their concurrent finding, the interest on the insurance claim should have been allowed from the date of the incident, i.e., 4.4.2002 or from the date of the filing of the complaint, i.e., 21.2.2007. The petitioner has also raised the issue regarding the rate of interest for which he has pleaded for enhancement. After the initial admission hearing, vide our order dated 22.5.2009, we have held that the reduction of interest from 12% to 9% is quite justified, reasonable and equitable and the same does not call for any interference. Accordingly, a limited notice came to be issued in this petition regarding the issue as to whether the interest should be paid to the complainant/petitioner w.e.f. the date of the accident, i.e., 4.4.2002 instead of 21.2.2007 when the complaint was filed.