RFA(COMM)/620/2026 of COLONEL SATISH CHANDER CHOPRA Vs M/S NATIONAL INSURANCE COMPANY LIMITED on 15 September 2026

O R D E R

% 15.09.2026

1. The present Regular First Appeal has been preferred under Section 13 of Commercial Courts Act, 2015 read with Order XLI of the Code of Civil Procedure, 1908 laying challenge to judgment and decree dated 25.02.2026, whereby the suit filed by the appellant-plaintiff has been decreed under Order XIII-A, Commercial Courts Act, 2015 for a sum of Rs. 14,67,315/-.

2. At the outset, we may note that the present appeal has been filed with a delay of 23 days; there is a delay of 52 days in re-filing the appeal.

3. Learned counsel for the appellant informed that the respondent–Insurance Company has deposited the decretal amount of Rs. 14,67,315/- in the Court and the present appeal is confined to the limited point of Court fee which the appellant had paid in the Court and the compensation of Rs. 5 lakhs, which the plaintiff had claimed.

4. Learned counsel argued that the learned Court below has seriously erred in not passing the decree in relation to the Court fee amounting to Rs. 18,000/-, which the appellant-plaintiff had paid at the time of instituting the suit.

5. Learned counsel also argued that the appellant had been harassed by the Insurance Company and, therefore, the Court below ought to have awarded a compensation of Rs. 5 lakhs.

6. Heard learned counsel for the appellant and perused the record, including impugned judgment.

7. We may place on record that we had given an option to learned counsel for the appellant to withdraw the appeal, so that we may order refund of the Court fee which the appellant has paid at the time of filing the appeal, but learned counsel for the appellant insisted upon arguing the appeal and insisted the court to pass an order on merit. We are, therefore, constrained to decide the appeal on merit.

8. On perusal of the impugned judgment and decree, particularly paragraph number 27 thereof, we find that the claim of compensation had been abandoned by the appellant-plaintiff, as has been categorically recorded by the Court below. We deem it appropriate to reproduce paragraph number 27 hereunder : “27. The plaintiff in the course of arguments has given up the relief of compensation claimed for harassment and loss. As a consequence, the plaintiff’s suit is decreed u/O XIII-A, Commercial Courts Act, 2015 in favor of the plaintiff and against the defendant to the extent and in the terms that the plaintiff is held entitled to recover from the defendant an amount of Rs.14,67,315/- along with future interest @ 8% p.a till actual realization,”

9. Since the appellant himself had abandoned the claim of compensation, the appeal on the ground of compensation cannot lie. So far as the Court fee is concerned for trivial amount of Rs. 18,000/- we do not wish to issue notice to the defendant particularly when a decree of substantial amount of Rs. 14,67,315/- along with interest has been passed and amount deposited. Recovery of Court fee of Rs. 18,000/- from the defendant would entail more cost to the defendant.

10. The appeal is, therefore, rejected along with pending applications. DINESH MEHTA, J. RAJNEESH KUMAR GUPTA, J. SEPTEMBER 15, 2026/nd