High CourtsSingle Bench(2011) 12 RAJ CK 0038

The New India Assurance Co. Ltd. vs Bhajan Lal and Others

Rajasthan High Court · Decided on 7 December 2011

HON’BLE JUDGES
Vineet Kothari, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 3633 of 2007

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Judgment

6 paragraphs · 193 words

Hon''ble Dr. Justice Vineet Kothari

1.

By the present writ petition, the petitioner - Insurance company only seeks to challenge the computation of interest on the awarded sum.

2.

This Court while deciding the Civil Misc. Appeal No. 165/1992 - Bhajan Lal and anr. V/s Mahendra Singh and anr. decided on 13.9.2001 has directed as under:

In view of the aforesaid discussion, this appeal is allowed to the extent that the compensation awarded by the Tribunal is enhanced from Rs. 60,000/- to Rs. 2,40,000/-. This amount shall carry interest @9% per annum from the date of the application till realisation. No order as to costs.

3.

The aforesaid directions clearly meant that the interest would be payable at the rate of 9% per annum i.e. simple interest. If the petitioner company is aggrieved by the computation of interest part, it can always approach the learned Tribunal itself for rectification of the order passed by the learned Tribunal. However, the writ petition cannot be entertained for correcting such arithmetical mistakes in computation of the interest, if any.

4.

Therefore, with the aforesaid observations, the present writ petition is dismissed. No order as to costs.