NATIONAL INSURANCE COMPANY LIMITED Vs. SUBRATA SARKAR

JUDGEMENT

(1.) The present Appeal Execution has been filed by National Insurance Co. Ltd. (hereinafter referred to as the Appellant/Judgment Debtor) against the Order dtd. 20/12/2017 passed by the West Bengal State Consumer Disputes Redressal Commission (hereinafter referred to as State Commission), whereby the Appellant/Judgment Debtor was directed to pay 1,25,631.00 , which it had deducted towards 'Tax Deducted at Source ' from the interest on compensation directed to be paid to the Complainant/Decree Holder.

(2.) Brief facts of the case are that upon not settling the insurance claim in respect of the Insurance Policy issued by the Appellant/Judgment Debtor Insurance Company, the Complainant/Decree Holder filed a Consumer Complaint before the State Commission. The State Commission vide Order dtd. 18/03/2011 allowed the Complaint and directed the Appellant/Judgment Debtor to pay an amount of 19,48,087.00 to the Complainant with interest @10% p.a. from the date of submission of the First Surveyor 's Report till the date of realization together with compensation of 20,000.00 and cost of 5,000.00 . A default interest of 10% was also awarded in case the payment was not made within 45 days from the date of passing the Order.

(3.) Feeling aggrieved, the Appellant/Judgment Debtor filed First Appeal No. 286/2011 before this Commission, which was partly allowed vide Order dtd. 16/12/2016 in following terms:-