S.K. Mani vs Oriental Insurance Co. Ltd. and Anr.

THIS revision petition has been filed against the impugned order dated 23.4.2011 passed by the learned State Commission in Appeal No. 245/2011, Smt. S.K. Mani v. Oriental Insurance Co. Ltd., by which, appeal was dismissed and order of District Forum awarding Rs. 1,00,000 with interest @ 6% p.a. from 14.9.2010 was upheld. Heard learned Counsel for the parties, at admission stage and perused the record.

LEARNED Counsel for the petitioner, submitted that learned District Forum has committed error in allowing interest from 14.9.2010, i.e. from the date of order, instead of the date of accident, i.e. 22.7.2004 or from filing complaint, i.e. 29.3.2007 and learned State Commission has also committed error in dismissing appeal, hence, petition be allowed and interest be awarded from date of accident or from date of filing complaint. On the other hand, learned Counsel for the respondent submitted that award of rate of interest is discretionary and learned State Commission has not committed any error in upholding the order of the District Forum, hence petition be dismissed.

IT is an admitted fact that complainant''s husband died in a road accident and complainant was awarded Rs. 8,91,000 by Motor Accident Claims Tribunal, (M.A.C.T.) and this amount was paid by respondent/opposite party. M.A.C.T. must have awarded this amount after considering all the relevant circumstances. In such circumstances, learned District Forum has not committed any error in allowing interest from the date of order and learned State Commission has not committed any error in dismissing appeal.

WE do not find any illegality, irregularity or jurisdictional error in the impugned order which calls for any interference and revision petition is liable to be dismissed. Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.