This order modifies an appellate judgment passed on 27.1.2021 to include a retrospective direction for interest on enhanced compensation from the date of filing the claim application.
Order dated 27.1.2021 modified to direct enhanced amount Rs.2,83,220 carrying 6% interest from date of claim filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Misc. Application No. 18/2021
Parbat Singh S/o Bhanwar Singh, Aged About 42 Years, Digadi, Dis. Jodhpur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S.K. Sankhla For Respondent(s) : Mr. UCS Singhvi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
18/08/2021
The case comes up on an application preferred by the applicant-appellant for modification of the order dated 27.1.2021 passed in S.B.C.M.A. No.4512/2011.
Learned counsel for the applicant submits that in the operative part of the order dated 27.1.2021, it has been mentioned that the enhanced amount shall carry an interest @6% if the same is not paid within a period of six weeks from the date of the order. He submits that the appeal was allowed but with a direction that the enhanced amount shall carry interest @ 6% from the date of the filing of the claim application but same could not be inscribed in the order passed by this Court.
(2 of 2)
[CMAP-18/2021]
Learned counsel appearing for the Insurance Company has opposed the application by stating that the claimants are not entitled for interest from the date of the filing of the claim application.
I have considered the submissions made at the Bar and have gone through the order passed by this Court on 27.1.2021.
The order dated 27.1.2021 shows that the appeal of the applicant-appellant was allowed and the amount was enhanced by Rs.2,83,220/- and the interest @6% on the enhanced amount was awarded if the same is not paid within a period of six weeks. By an inadvertent error, it is not written that the enhanced amount shall carry interest @6% from the date of filing of the claim application.
In view of the discussion made above, the application is allowed and the order dated 27.1.2021 is modified to the extent that the enhanced amount Rs.2,83,220/- shall carry interest @6% to be paid by the Insurance Company from the date of the filing of the claim application.
(VINIT KUMAR MATHUR),J
64-praveen/-
Parbat Singh
The New India Assurance Company Limited
Vinit Kumar Mathur
As recorded by the court registry
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