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Judgment
This appeal challenges the Order dated 22.02.2020 of the State Commission in complaint no. 26 of 2013.
Heard the learned counsel for the appellant (the ‘insurance co.’) and the learned counsel for the respondent no. 1 (the ‘complainant’). Perused the record.
The State Commission has ordered the insurance co. to pay a sum of Rs. 8,27,400/- to the complainant with interest at the rate of 12% per annum from the date of filing of the complaint i.e. 06.08.2013 within one month, with the stipulation that if the payment is not made within the specified period of one month the rate of interest shall stand enhanced to 14% per annum from the date of its Order. It has also awarded lumpsum Rs. 1,00,000/- as compensation for mental agony and Rs. 25,000/- as cost of litigation.
Learned counsel for the insurance co. submits on instructions that the insurance co. is ready and willing to unconditionally pay the awarded amount of Rs. 8,27,400/- with interest at the rate of 12% per annum from the date of filing of the complaint i.e. 06.08.2013 till realization and to pay lumpsum Rs. 1,00,000/- as compensation for mental agony and Rs. 25,000/- as cost of litigation within 8 weeks from today without fail.
Learned counsel for the complainant submits on instructions that the afore terms offered by the insurance co. are acceptable to the complainant.
Learned counsel for the insurance co. further submits that this may not be treated as a precedent and that the issues involved may be kept open.
In the wake of the above submissions nothing remains to be adjudicated in this appeal and the same is disposed of with the directions that an amount of Rs. 8,27,400/- shall be paid by the insurance co. with interest at the rate of 12% per annum from the date of filing of the complaint i.e. 06.08.2013 till realization along with lumpsum Rs. 1,00,000/- as compensation for mental agony and Rs. 25,000/- as cost of litigation within 8 weeks from today.
This Order has been made on consent. As such the decision in this case shall not be treated as a precedent. The issues involved are kept open.
The amount if any deposited by the insurance co. with the State Commission in compliance of this Commission’s Order dated 20.01.2021 along with interest if any accrued thereon shall be forthwith released by the State Commission to the complainant towards satisfaction of the award as firmed-up herein. The balance awarded amount if and as any shall be made good by the insurance co. within 8 weeks from today, failing which the State Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.
The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel as well as to the State Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.