Single judge disposed of an interim application for clarification regarding an order enhancing compensation and interest against an insurance company, granting liberty to file a further application.
Liberty to file an application for necessary clarification regarding the date from which interest is payable.
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27-IA-19780-2022.doc
Shantanu Dhudum
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
INTERIM APPLICATION NO. 19780 OF 2022
IN
CROSS OBJECTION (ST) NO. 10082 OF 2017
IN
FIRST APPEAL NO. 118 OF 2017
Mrs. Ishwari Thanwarmal Bajaj….Applicant
IN THE MATTER BETWEEN
Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2024.03.06 09:48:31 +0530
Reliance General Insurance Co. Ltd. ….Appellant
Versus
Mrs. Ishwari Thanwarmal Bajaj & Ors.….Respondents
Mr. Devendranath S. Joshi, Advocate for the Applicant.
Ms. Varsha Chavan, Advocate for the Respondent.
CORAM : SHIVKUMAR DIGE, J.
DATE : 21st FEBRUARY, 2024.
P.C. :
1.By this application Applicant is seeking the clarification of
the order passed by this Court ( Coram: Bharti Dangre, J) by order
dated 2nd May, 2022.
2.Learned counsel for the Applicant submitted that this Court
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Shantanu Dhudum
has allowed the cross objection filed by the the Claimant and has
enhanced compensation amount. This Court has observed that “the
aforesaid enhanced compensation shall be deposited by the Insurance
Company before the Tribunal within a period eight (8) weeks from
today, and the Tribunal shall permit the Claimant to appropriate the
same.
Failure to deposit the enhanced amount the aforesaid
period, shall entitled the Claimant to an interest of 7.5% till it’s
realisation”.
3.Learned counsel further submitted that the period from
which the Claimants are entitled for interest on enhanced amount is
not mentioned in the said order. In my view, it is settled principle of
law that Claimants are entitled interest on compensation amount from
the date of filing of claim petition hence, the Claimants are entitled @
7.5% interest on enhanced amount from the date of filing claim
petition till realisation of the amount.
4.Learned counsel for the Respondent submits that the
tribunal has directed to invest the some amount in the name of
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Claimant. She has become more than 70 years old so, the Claimant is
required the said amount for her daily expenses. In my view, the
Claimant can file appropriate application before the tribunal in that
regard. The tribunal shall decide it on its own merit .
5. Liberty to file application, if any, clarification is required.
6. Application is disposed of.
(SHIVKUMAR DIGE, J.)
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Mrs. Ishwari Thanwarmal Bajaj
Reliance General Insurance Co. Ltd.
SHIVKUMAR DIGE
As recorded by the court registry
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