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2005 DIGILAW 811 (SC)

Oriental Insurance Co. Ltd. v. Ram Nath

2005-04-13

B.N.AGRAWAL, H.K.SEMA

body2005
ORDER : B.N. Agrawal, J. Heard learned counsel for the parties. 2. In the facts and circumstances of the case, we are not inclined to go into the merits of this appeal so far as the quantum of compensation is concerned. So far as the payment of sum of Rs. 50,000/- to the claimant is concerned, it appears that the said sum was awarded by the State Commission. Though the same was challenged in the grounds of appeal filed before the National Forum but during the course of arguments, the point was not pressed. This being the position, we do not permit the appellant to raise this question before this Court. So far as the award of interest is concerned, in our view, the High Court was not justified in awarding interest at the rate of 18 per cent. Accordingly, we reduce the interest from 18 per cent to 12 per cent. The respondent is directed to refund the excess amount withdrawn by him within two months from today. 3. The appeal is, accordingly, disposed of. 4. No costs. Appeal Dismissed