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Judgment
IA No.6061 of 2024
The present I.A. no. 6061 of 2024 has been filed by the Judgement Debtor, National Insurance Company Ltd., seeking direction in order dated 20.09.2023 passed by this Hon’ble Commission in C.C. No. 553 of 2018 to specify the date from when the interest is payable.
Heard the learned counsel for the parties on IA No. 6061 of 2024. The prayers of the Judgement Debtor are that:
The order does not specify the date from when the interest is payable by the opposite party (Judgement Debtor herein) to the complainant (Decree Holder Herein). Therefore, the Judgement Debtor is unable to comply with the judgement. Hence, the present application seeking direction of this Hon’ble Commission to specify the date from when the interest is payable.
I have gone through the application.
The order date 20.09.2023 allows the complainant claim to the extent of Rs.81,43,936/- as assessed by the surveyor and the claim amount shall be paid to the complainant by the opposite party with interest @ 6% per annum.
From the record it is evident that the opposite party appointed M/s Cunningham Lindsey International, Insurance Surveyors & Loss Assessors, to assess the loss and the surveyors visited the plant on 15.05.2014 and submitted their report on 18.05.2014. The surveyor submitted its final surveyor's report dated 19.12.2014, assessing the net loss at Rs. 81,43,936/-.
In light of the aforementioned facts and the documents available on record, there are errors apparent on the face of record which needs to be corrected. Application therefore stands allowed with the following directions.
(i) The claim of the complainant is allowed to the extent of Rs.81,43,936/- as assessed by the Surveyor.
(ii) The claim amount shall be paid to the complainant by the opposite party with interest @ 6% per annum from 15.05.2014 till 20.09.2023.
(iii) This order shall be complied with within 2 months of this order failing which the rate of interest will be 9% p.a.