RANAWATER AGARWAL Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Aggrieved by the order dated 31.10.2003 of State Consumer Disputes Redressal Commission Rajasthan, Jaipur, the appellant/complainant has filed this appeal. Vide order dated 8.1.2004 notice was issued to the respondent limited to payment of interest. It is not in dispute that the truck of appellant which was insured with respondent, met with an accident during the currency of policy on 29.4.1996, final survey report was filed on 3.5.1996 and on payment not being made as recommended by Surveyor complaint was filed on 7.9.1998. It is also not in dispute that during the pendency of complaint the respondent gave cheque of Rs. 2,80,000/- to the appellant on 16.3.2000. In support of the contention that appellant is further entitled to interest, Mr. Sharma invites our attention to the Analysis of Motor Claims (copy at page 41) prepared by officials of respondent-Insurance Company.

(2.) Bare perusal thereof would show that said amount of Rs. 2,80,000/- which the appellant alleges was received under compulsion, does not take note of interest part of that amount. Also having heard Mr. Raina we are of the view that petitioner is further entitled to interest on the said amount from the date of filing complaint i.e., 7.9.1998 uptil 16.3.2000 on which payment of amount of Rs. 2,80,000/- was made to the appellant. We assess the rate thereof at 12% p.a.

(3.) Accordingly while allowing appeal, aforesaid order of State Commission is modified to the extent that appellant is also entitled to interest on amount of Rs. 2,80,000/- at the rate of 12% p.a. from 7.9.1998 to 16.3.2000. This amount will be paid by the respondent-Insurance Company to the appellant within two months from today. No order as to costs. Appeal allowed.