Telangana High Court
MACMA/947/2007 of The New India Assurance Company Limited, Vs B. Ajay Kumar, on 30 December 2010
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE SECOND DAY OF APRIL TWO THOUSAND AND THIRTEEN PRESENT HON’BLE SRI JUSTICE B.N. RAO NALLA REVIEW CMA.MP.No. 192 OF 2013 In CROSS-OBJECTIONS SR.No. 36982 OF 2007 IN MACMA.No. 947 OF 2007 Between: B. Ajay Kumar …
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
TUESDAY THE SECOND DAY OF APRILTWO THOUSAND AND THIRTEEN
PRESENT
HON’BLE SRI JUSTICE B.N. RAO NALLA
REVIEW CMA.MP.No. 192 OF 2013InCROSS-OBJECTIONS SR.No. 36982 OF 2007INMACMA.No. 947 OF 2007
Between:
B. Ajay Kumar … Petitioner/Cross Objector/Respondent
V/s.
The New India Assurance Company LimitedRepresented by its Divisional Manager,IV Floor, A-1 Karim Trade Centre, Ranigunj,Hyderabad & Anr. … Respondent/Respondent/Respondent Counsel for the Petitioner : Smt. A. Chaya Devi [06]
Counsel for the Respondents : Sri P. Bhanu Prakash Standing Counsel for R-1
New India AssuranceCo.Ltd.
The Court made the following : [Order follows]
HON’BLE SRI JUSTICE B.N. RAO NALLA
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O R D E R:
REVIEW CMA.MP.No. 192 OF 2013IN-CROSSOBJECTIONS SR.No. 36982 OF 2007INMACMA.No. 947 OF 2007
Heard Smt.A. Chaya Devi, the learned counsel for thepetitioner as well as Sri P.Bhanu Prakash, the learned standing counselfor the first respondent-Insurance Company.
2. The only ground involved in this petition is that when the cross-objections were preferred by the claimant, this Court by its order dated30-12-2010 in MACMA.No. 947 of 2007 [Cross-Objections SR.No. 36982of 2007], was pleased to enhance the compensation from Rs.1,82,975=00to Rs.7,20,000=00. However, due to oversight, the rate of interest was notnoted in the said order. The Court while passing the order under reviewenhanced the amount of compensation relying on the decision reported in SARLA VERMA V/s. DELHI
TRANSPORT
CORPORATION AND ANR reported in 2009 [6] Scale-129 =
2009 [6] SCC-121. As per the said decision, the interest to be awarded is6% per annum. In view of the same, the interest is awarded at 6% per annum on the enhanced amount of compensation.
3. Further in view of the decisions in MOHINDER KAUR AND
ORS. V/s. HIRA NAND SINDI, reported in 2007 ACJ-2123 and in NEW INDIA ASSURANCE COMPANY LIMITED V/s.
GOPALI reported in LAWS [SC] 2012-7-61 : JT-2012-6-625, the saidinterest is awarded from the date of filing of claim-petition till the date ofrealization on the enhanced amount of compensation.
4. The Review Petition is accordingly disposed of. No costs.
___________________________
JUSTICE B.N. RAO
NALLA.
02/04/2013I s L
NB: Issue CC in two days B/o. I s L B/o. I s L
HONOURABLE SRI JUSTICE B.N. RAONALLA
REVIEW CMA.MP.No. 192 OF 2013InCROSS-OBJECTIONS SR.No. 36982 OF 2007INMACMA.No. 947 OF 2007
CIRCULATION No.Date:02/04/2013Court Master: I s LComputer No. 20[th] Court Hall