National Consumer Disputes Redressal
Shahid vs Oriental Insurance Company Ltd. & Anr. on 5 January, 2026
IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AT NEW DELHI
NC/FA/747/2022
(Against the order dated 06.05.2022 in Consumer Complaint No. 133/2015 of the
Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow)
With
NC/IA/9441/2022, 9296/2023, 2929/2024 & 11068/2025
(Stay, Exemption and Early Hearing)
Oriental Insurance Company Ltd. 8i Anr. ... Appellants
Versus
Shahid ... Respondent
And
NC/FA/365/2023
(Against the order dated 06.05.2022 in Consumer Complaint No. 133/2015 of the
Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow)
With
NC/IA/3818/2023, 12573 & 13240/2025
(Exemption, Early Hearing & Directions)
I
Shahid ... Appellant
Versus
Oriental Insurance Company Ltd. ... Respondent
BEFORE:
HON'BLE MR. JUSTICE A.P. SAHI, PRESIDENT
HON'BLE MR. BHARATKUMAR PANDYA, MEMBER
For the Complainant Mr. Anil Kumar Mishra, Advocate
For the Insurance Company Ms. Amrreeta Swarup, Advocate
Dated : 05.01.2026
ORDER
1. These two appeals arise out of a common order passed in CC/133/2015 by the State Consumer Disputes Redressal Commission, Uttar Pradesh at Lucknow. The impugned order dated 06.05.2022 has been assailed by the Insurance Company questioning the correctness of the order whereas the complainant - Shahid has filed the other appeal praying for the grant of the entire relief to the maximum of Rs. 15,00,000/- along with interest as against the total loss of Rs. 16,88,992/-.
NC/FA/747/2022 & 365/2023 Page | 1
2. FA/747/2022 was heard earlier and was admitted on 30.04.2024 and the following order was passed:
"Admit.
Issue notice.
IA/9442/2022 has been filed for condoning the delay in filing the appeal. The Office has reported delay of 118 days in filing the appeal. The impugned order was passed on 06.05.2022 and free copy was supplied on 11.05.2022, while the appeal has been filed on 06.10.2022. In the IA the Appellant has stated that after receiving the certified copy of the judgment, the Appellant has taken opinion from local Counsel and after obtaining the opinion for filing the appeal, it was sent to Head Office, New Delhi only in 1st week of August 2022. The Head Office thereafter appointed a Counsel for the National Commission and papers were handed over to him on 30.09.2022 and thereafter the appeals were drafted and sent for approval of the department and after approval it was received on 30.09.2022 and filed on 06.10.2022. Although, the Opposite Party has filed a reply in the IA and contested the IA, but, the Opposite Party has also filed a cross appeal that is FA/365/2023, looking, into the fact that there is cross appeal, we condoned the delay in filing the appeal. Accordingly, IA is allowed.
The Counsel appearing for the Punjab National Bank states that the Punjab National Bank which was arrayed as Opposite Party No.2&3 in the complaint has been deleted by the order of State Commission dated 14.07.2017. The Punjab National Bank has been wrongly impleaded as Respondent. As Punjab National Bank has already been deleted we direct for deletion of Punjab National Bank from both the Appeals.
List for hearing on 30.07.2024."
3. - Thereafter FA/365/2023 was also connected and was taken up on the same date by the following order:
NC/FA/747/2022 & 365/2023 Page|2
r
"The office has submitted report that the appeal has been filed with delay of290 days. The Appellant has filed IA/3817/2023 for condoning the - delay in filing the appeal. In the affidavit it has been stated that after the judgment dated 06.05.2022, the Appellant has consulted with the Counsel on 02.09.2022, who then advised to file appeal as the entire relief has not been granted to the Appellant, thereafter, he consulted a Counsel in New Delhi, who asked for a translation of the papers which were in Hindi language and thereafter translation has been provided and the appeal has been drafted and filed on 22.03.2023.
Since there is already a cross appeal i.e. FA/74772022, we condoned the delay in filing the appeal.
Admit and connect with FA/747/2022.
Six weeks' time is allowed to the Respondents to file reply in the appeal. Both the Parties may file their written arguments if they want to do so within 6 weeks.
The Counsel appearing for the Punjab National Bank states that the Punjab National Bank who was arrayed as Opposite Party No.2&3 in the complaint has been delated by the order of State Commission dated 14.07.2017. The Punjab National Bank has been wrongly impleaded as Respondent in the appeal. As Punjab National Bank has already been deleted, we direct for deletion of Punjab National Bank from both the Appeals.
List for hearing on 30.07.2024."
4. Both the appeals thereafter were taken up on 30.07.2024, when the following order was passed. The matter was adjourned on a couple of occasions and then on 30.04.2025, the following order was passed:
"After brief arguments, it is evident that there is an incomplete surveyor report that was prepared in the case on account of certain allegations of non-coooeration between the parties and NC/FA/747/2022 & 365/2023 Page | 3 that an estimate has been made by fire department personnel which is part of the record.
Learned Counsel for both the parties undertake to cooperate in the process wherein the Complainant will provide all necessary details with respect to the incident in question to the surveyor appointed by the Opposite Party insurer.
Opposite Party is directed to notify the details of the surveyor along with necessary documents/records and other details they seek from the Complainant within a period of one month from today. On receipt of notice, the Complainant may produce the records as required within a period of four weeks thereafter.
Opposite Party is directed to file a report to the surveyor within a period of further four weeks.
Both the parties are at liberty to file fresh brief synopsis of arguments within a period of four weeks thereafter.
List the matter on 04.09.2025.
Parties are directed to adhere to the timelines and it is made dear that no further adjournment shall be granted in the matter."
5. In terms of the above quoted order dated 30.04.2025, the Insurance Company called upon its surveyor to tender its survey and assessment report.
The surveyor tendered his report on 22.11.2025 that has been brought on record by.the learned counsel for the complainant through his additional short arguments filed on 26.12.2025 through diary no. 34065. The said report is extracted herein under:
NC/FA/747/2022 & 365/2023 Page | 4
Ref. No. TlSLMFire/2025-26/641 Dated: 22-11-2025
Survey & Assessment Renort'
t
The Oriental Insurance Co. Ltd.,
Regional Office,
24 A. NCR Plaza 111 Floor;
New Cantt. Road, Dchradun.
Re; Reported loss due to fire at Insured's pnimises located at Daud SaraL . Behind Power House, Amroha on dated 08-01-2014 apibput'gOiSO'AM The Insured: M/S Tara Traders, Paud Samt. AinroHa^^feOu I he Insurers; The Oriental Insurtmc^Gpmpany'Tiiwited. 253502- BO Gajraula, NO. Alipur Chopla, DelhifRpadftajiiiula, UP -24423T Loss dated : 08-01 -2014 ar aboutlooSSl,M Sf ' Policy No. : 253502/1 l/201f^r Policy Type.: Standard^Ospeciiil PeriPolicy ♦ s ■""s' This has airlicrjepw^Sm'datSl IfeWS & now instruction received fr^miUndcnyptcn, H&& RO, we cont&d the Insured & advised '1 e? infonnation to enable us to proceed . rurther^ih thp mMc& Baspcl on whatever documems submitted now, verifmation of v^riousWcumenUfwc issue our addendum report in the niaticr for the information of the Underwriters as under
» ' • . .
1.0 insurance Policy: - ■
'™ 1 »i\'CE SURVEYORS £ Loss ASSESS
msiVr.iM
4 I ~ K'X
; ' !L-
. y 'A lii!
/t>!
NC/FA/747/2022 & 365/2023 Page | 5
J>0|icyK'o_
or Policy 2535()>.-| |/2(|
j/nod <»rpoiicy
«5Um Insured
Location covered
Sami Road, Amroha,jp .\agari
of Policy i;
'S'enC,OSCd & '»arlced as Annexurc-B.
2.0 Loss Particulars:-
frate of loss
. Date Of our deputation 08-01-2014
Date of survey 09-01-2014 '
10-01-2014
3.0 Eire brigade report & Police i q>ori
Insured have now provided us Police Report & fire brigade repoa in the matter which confirm the damages & quantum of loss, copy of Police intimations & Ore brigade report is enclosed &. marked as Annexurc-C & D. 4.0 News paper cuttings: -
1 he incideni was widely covered by local newspapers & copies of newspaper cuttings are enclosed & marked as Annckurc-E. S.0 Commercial tax details . Now Insured have provided commercial tax registration & returns for the period with tax deposit challans, Copies of the same are enclosed & marked as Annexurc-F. The same document proves that Insured was registered with commercial tax & was maintaining proper returns & challans which were not provided earlier.'
6.0 Bank details & stock statement During verification of documents, we confirmed that Insured is rAAKMl IXSLWCE SURV6WRS & LOSS ASSESSORS PVT. LTD ^\-
Ksr.
NC/FA/747/2022 & 365/2023 Page|6
'■I
loss from April 2013 to 8*1'2(114 & after ihc loss ic on 9-1-2(114, copies of the bank stock siatcmcnl & hank accvtini siaicmcni is enclosed & marked as A n ncxure- G. 7.0 Stock register & sale & purchase shHcmeui Insured provided us copies of slock regtsier & also the sale & purchase statement from 1-4-2013 to dale of loss & have confirmed that total stock as on the date, of loss of Chirtdi (white). Chindi (Rangeen) & textile waste of weight 664.83 qll. was lying there in the premises having value as R$. 1742519.00. out of which 647.90 qtl burnt; in this incident worth Rs. 168^992.00 & only 24 bags of chindi white having weight 16.93 qil remained balance or worth Rs. 53527.00 .copies of stock statement, stock register & sale & purchase statement are enclosed &. marked as AnnexurCrH. S.0 .Electricity bill & land documents During verification Insured pro vided us receipt of electricity bills & land documents & it has been confirmed that the premises was oftheir own, copy of the layout & related documents are enclosed &. marked as Anncxure-I. 9.0 Books of accounts & balance sheets Insured have provided audited balance sheets & trading account of previous 3 years including as on the 9-1-2014 the date of loss & value of closing stock confirmed as Rs. 1742519.00 ns on the date of loss which were not provided to us earlier. As these records are duly audited and also backed up by stock register & tax statements, the same can be relied upon & to be considered for the calculation of assessment of loss as detailed below in assessment paragraph. Copy of trading account & the audited balance sheets arc enclosed & marked as Anncxure-J. 10.0 Circumstances of loss As already mentioned in our earlier repon .hat as staled by Insured s renresentative Mr. Sbahubuddin & his brother Shahrd & as narrated to ■ X on d^dO8.O1-2OI4 at about 00:30 AM Mr. Shahid roee.^d taakani isuRASce suWWws 4 toss Assessors m. im NC/FA/747/2022 & 365/2023 Page|7 a call from hts rieighlxu lucwtry labour intimating him that u r)rc h.1(. utkcti place tn his godown and smoke and Hames are comhm out. He immediately rushed to godown and found that the flame's liad^neulfrd the two rooms of d ie gixlown where stock of waste was lying.'Thfrd room was completely empty, hi the meantime the l-'ire Brigade was intimated about the incident which icached the site and sinned fire iighling operations. It took more than three hours to control the fire with il'.e help ol |»rc lenders and neighbours but smoldering still continued. When we visited the site smoldering wus still there and water was still being poured on the burnt stock as the lire was erupting again &. again from the heap. Smell of burnt cotton chindis and textile waste was there in the atmosphere.
11.0 Nature & extent of damages We. during our earlier visit on 10/01/2014 after our deputation on 09-01-2014, observed that t-
11 .1 Two from rooms were (orally blackened due to smoke, flame. Soot and carbon.
11.2 Heaps of chindies and cloth cullings which were there in the rooms had caught fire and the burning slock was drugged outside in front of the rooms to facilitate firefighting.
11.3 A burnt wire of the light point outside the room was lying hanging and it appeared that some spark from there might have fallen on the heap of ch indies which caught fire.
11.4 A hand pump was there outside Ute rooms but thatI was not ' working. No fire extinguishers was observed in the f gedowns-
y 11.5 Stock was still smoldering & water pouring was tn progress to control the same.
was only in ibe 11 7 Third room of godown was empty & fire front two rooms.
TMRAM BSiwwe sun**® 4 U» *ssesso« «
NC/FA/747/2022 & 365/2023 Page|8
12.0 Cuuse of damage
Although no panictilar cjiusc could he attributed towards the occurrence of fire but in view of the ciieutiistanccs. extern & nature of . daniugcs. us per our inspection tit site, discussion with insured representatives & eyewitnesses, we ore of opinion ihnt fire Occident has taken place due to short circuit in electric wire of lighting point & electricity bill & connection documents in this regard has now been provided by Insured..
13.0 Insured's claim Insured have submitted their claim bill ibr Ils. 1.6KK992.00 for the burnt stock in this incident. Copy of claim bill is enclosed &. marked as A.n n ex u re-K. 4 1.4.0 Adequacy of coverage Considering the stock statement now submitted & trading account as on the date of loss, the value of stock as on the date of loss was confirmed as Rs. 1742519.00. As the sum insured available is Rs. 15 lakh, therefore stock has been found to be under insured to the extent of 13.92%. Copy of trading account & other books of accounts as on the date ofloss duty audited are enclosed &. marked as Annex««rc-J. 15.0 Salvage: -
Although stock was badly burnt but some semi burnt or partially burnt . pcs were there & estimation deduction of Rs. 50000.00 has been considered as reasonable on account of salvage while assessing the loss.
, 16.0 Our verifications During verification of documents now submitted, we confirmed that As per the documents submitted & verification of the balance sheet & . .stock records submitted the assessment of loss has been prepared as • under assessment paragraph.
/
TM«** uawwxa sucvtYtts « wss «sesso«
< •
: ■ !&: K
NC/FA/747/2022 & 365/2023 Page | 9
Rcgniiding the cost i'l the afiLvletl material, the ''■'inc h,is' Kx'C confirmed from vmirjus piireh.be l>iJK mbmi'lctl, A> .<'>vra;?e niics coiixidmrd ns dcimlvd m AilncMitb-A. ( nptes of s.u;c*us pmehaM bilkttiv enclosed & marked as Atmevmi-L ilowvver lakiiig into ciiiisidcnitiim llie ib'ihirc ol business stnnc old & mm moving slock might he ilierv in the imenmry J'hcrdorc foi the purpose of assessment of loss it dcductimt of 10% has (men made on this head ns reasonable while tisscssing the loss It may further be noted lluit ns verified now the firm Tata Traders have already been inactive ns per records <S firm closed due . Io non business. Copy of screen shm at site, mail of insured nhove dosure of firm & pailncrship deed are enclosed & marked us Anne.vure-M. 17.0 Assessment of loss: -
In view of the above verincalions, the assessment of loss has been worked out as under for the information only of the Underwriters:* As datmtd by insufed At considered by u*.______J
5.NO. ITEM NAME Qty bac^ wight Qtl RateQtl | ArtWunt Q(y Weight Rato Rato | Amount | 1 CWiw,M:e S16 37678 31S5.37 7190612.00 516 31'5 00 j 2177437 SC| 376.73 2 | G¥t»ctiRgAg»M 333 ICA.1 167S.OO 4Q3373.OO 33$ 244.7 . f.
167>.00 } 40$S?2,S5{ I I 3 Cctiott tr.'astc 46 76.4Z 33SO.OO 88507.00 46 26.42 3125.00 S2S62.SC Total 1&S$«.GO »£69S72.5>;
lets deduction © TOHcnMco'jiu of otc & non mo'/Hg stock 8 quantity ft price variation 16e$37 2$ Total 15O2S3S2S UlSMlvjge SCCCOOC Total_______ J452S35 2$ less under insurance 0 H.9«$ 202241.63 TAAHA.M ISSUHASCE SIW^W & LOSS ASSESSORS PVT. I.Tm t' zAil£fk/ NC/FA/747/2022 & 365/2023 Page| 10 7T I , i 2SOSg I ..<■?
JiiSR excess
hherefore wc: I s
(Aisessed loss
1
- I
Therefore net assessed loss Rs.
Or say 1240643.62
Rs. 1240644.00
nC' :Ub.CSScd loss as lhc g*ven documents & verification
six hundred f n°Ur2S '240644-00 ^vclvc lakh forty thousand
six hundred forty four only) Undenvriters are requested to take necessary decisions at their end accordingly.
■^iis independent report is issued without prejudice.
,nsuranuc Savors & Loss Assessors Pvt. Ltd., Surveyor ,'^''"'■^40 (V '%■ P.( MA-T2SM ' |g-
6. A copy of the said report has already been supplied to the learned counsel for the Insurance Company, who has advanced her submissions contending that the surveyor estimated the loss at Rs. 12,40,644/-, which the Insurance Company had offered to pay to the respondent/ complainant. She further submits that this delay in survey was not on account of any laxity on the part of the Insurance Company, but it was on account of the complainant having not submitted complete documents. It is therefore submitted that the lack of survey report cannot be attributed to the Insurance Company at all. She therefore submits that the claim of the complainant of interest is unwarranted and therefore the State Commission has erroneously allowed interest which should be set aside and the award should stand reduced to the sum of Rs. 12,40,644/- only.
7. She has then urged that inspite of the claim of the complainant which was on the higher side the maximum liability payable is only Rs. 15,00,000/- and NC/FA/747/2022 & 365/2023 Dage| 11 therefore the claim was otherwise also untenable. Nonetheless, the surveyor has assessed the claim at an amount which is within limits of the insured amount and consequently no further amount is admissible.
8. The State Commission has allowed the claim to the maximum limit of Rs. 15,00,000/- together with interest thereon.
9. Learned counsel for the complainant, who has filed FA/365/2023 urges that the interest amount should be enhanced to 9% and the entire claim should be awarded.
10. Learned counsel for the appellant has relied on the following three judgments of the Apex Court:
I. New India Assurance Co. Ltd. l/s. Pradeep Kumar, Civil Appeal No. 3253 of2022, decided on 09.04.2009.
ii. United India Insurance Company Ltd. Vs. Bansai Wood Products Pvt.
Ltd., Civil Appeal No. 104 of2025, decided on 08.01.2025. m. The Oriental Insurance Company Ltd. Vs. Niru @ Niharika & Ors., Special Leave Petition (C) No. 11340 of2020, decided on 14.07.2025.
11. Having considered the same, we are not impressed by the arguments of the learned counsel for the complainant for any enhancement either in respect of the amount awarded or the rate of interest which has been rightly calculated at 6% by the State Commission.
12. We however find force in the argument of the learned counsel for the complainant that the surveyor in the report dated 22.11.2025 has erroneously deducted Rs.50,000/- under the head of salvage. The contention is that the ■ salvage was of cotton fibre which was burnt to ashes and therefore no salvage was left to be accounted for. We have not found any material in the report of the surveyor so as to justify the deduction of Rs.50,000/- on the NC/FA/747/2022 & 365/2023 Page| 12 head of salvage. We therefore do not accept the said conclusion of the surveyor and in addition to the amount assessed by the surveyor, we further award a sum of Rs.50,000/- thereby enhancing the amount assessed as Rs. 12,90,644/-. This amount is payable to the complainant together with interest as awarded by the State Commission @ 6% from the date of filing of the complaint keeping in view the law laid down by the Apex Court that failure to award interest, when there is a delay in payment, results in injustice. This matter was considered by the Apex Court in the case of LIC of India and Anr. versus S. Sindhu reported in (2006) 5 SCC 258 the provisions of the Interest Act, 1978. Following the aforesaid principle this Commission in the case of Soni Singh & Ors, Vs. M/s, Iffco Tokio Genera! Insurance Co. Ltd.
FA/958/2023 decided on 29.08.2025, in paragraphs 12 to 16 has observed as under:
"12. We may point out that award of interest in consumer complaints of different varieties has been upheld and the Apex Court has gone to the extent of observing that failure to award interest, when there is a delay in payment, results in injustice and therefore interest should be awarded in all cases subject to of course the discretion to be exercised in these matters depending upon the facts of each case. This matter was considered by the Apex Court in the case of LIC of India and Anr.
versus S. Sindhu reported in (2006) 5 SCC 258S the provisions of the Interest Act, 1978, where in Paragraph No. 12 to 15 it was observed as under:
"12. Where a statute provides for payment of interest, such interest will have to be paid in accordance with the provisions of NC/FA/747/2022 & 365/2023 Page | 13 such statute. Admittedly there is no enactment, or rules made under any enactment, either relating to contracts in genera! or insurance in particular, which provides for payment of interest in regard to the amount payable under such a policy.
13. Let us now consider the provisions of the Interest Act. 1978 ("the Act" for short) which deals with payment of interest up to the date of suit/ciaim. The Act was enacted to consolidate and amend the law relating to the allowance of interest in certain cases. The objects and reasons state that the Act was enacted to prescribe the genera! law of interest in a comprehensive and precise manner, which becomes applicable in the absence of any contractual or statutory provision specifically dealing with interest. Sub-section (1) of Section 3 of the Act provides that in any proceedings for the recovery of any debt or damages, or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim. as the case may be, at a rate not exceeding the current rate of interest for the whole or part of the following period, that is to say--
if the, proceedings relate to a debt payable by virtue of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings; if the proceedings do not relate to any such debt, then, from the date mentioned in that regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings.
14. Sub-section (3) of Section 3 makes it dear that nothing in Section 3 shall apply in relation to any debt or damages upon which interest is payable as of right, by virtue of any agreement, NC/FA/747/2022 & 365/2023 Page| 14 or any debt or damages upon which payment of interest is barred, by virtue of an express agreement. Clause fa) of Section 2 of the Act defines "court" as including a tribunal and an arbitrator; clause (c) of Section 2 defines 'debt" as any liability for an ascertained sum of money and includes a debt payable in kind but does not include a judgment debt; and clause
(b) defines "current rate of interest". Sub-section (1) of Section 4 of the Act provides that notwithstanding anything contained in Section 3, interest shall be payable in all cases in which it is payable by virtue of any enactment or other rule of law or usage having the force of law. Sub-section (2) of Section 4 provides that notwithstanding what is stated in Section 3 or Section 4(1) of the Act, in the cases of money deposited as security for performance of an obligation, interest is payable from the date of deposit; and in the case of money payable by virtue of a fiduciary relationship, money/property obtained/retained by fraud and money due as dower/maintenance, interest is payable from the date of cause of action. A claim for interest on the amounts of premium paid, from the respective dates ofpayment of premium to date of settlement of claim, does not find support from any of the provisions of the Act.
15. Even assuming that interest can be awarded on grounds of equity, it can be awarded only on the reduced sum to be quantified and paid from the date when it becomes due under the policy (that is on the date of death of the assured) and not from any earlier date. We do not propose to examine the question as to whether interest can be awarded at all, on equitable grounds, in view of the enactment of the Interest Act, 1978 making a significant departure from the old Interest Act (32 of 1839). The present Act does not contain the following provision contained in the proviso to Section 1 of the old Act:
"interest shall be payable in all cases in which it is now payable by NC/FA/747/2022 & 365/2023 Page| 15 law". How far the decisions of this Court in Satinder Singh v. Amrao Singh [(1961) 3 SCR 676 : AIR 1961 SC 908] and Hirachand Kothari v. State of Rajasthan [1985 Supp SCC 17] and the decision of the Privy Council in Bengal Nagpur Riy. Co. Ltd. v. Ruttanji Ramji [(1937-38) 65 IA 66 : AIR 1938 PC 67] holding that interest can be awarded on equitable grounds, all rendered with reference to the said proviso to Section 1 of the old Interest Act (Act of 1839), will be useful to interpret the provisions of the new Act (Act of 1978) may require detailed examination in an appropriate case."
13. Learned counsel for the appellant has also relied on the decision of the Apex Court in the case of Alok Shanker Pandev Vs. Union of India & Ors., (2007) 3 SCC545, and prays for award of 12% interest.
14. We may point out that in insurance matters the IRDA Regulations regarding Protection of Policy Holders Interest, 2002 provides for payment of interest in case of delay beyond the stipulated 45 days after the settlement of the claim with the rate of interest payable @ 2% above the bank rate.
15. In matters of medical negligence the Apex Court in the case of Bairam Prasad versus Kuna! Saha reported in (2014) 1 SCC 384, observed that a rate of 6% would be reasonable and the observation made in paragraph 131 of the said decision is extracted herein under:
"131. Therefore, the National Commission in not awarding interest on the compensation amount from the date of filing of the original complaint up to the date of payment of entire compensation by the appellant doctors and AMRI Hospital to the claimant is most unreasonable and the same is opposed to the provision of NC/FA/747/2022 & 365/2023 Page| 16 i ' F the Interest Actj 1978.. Therefore, we are awarding the interest on the compensation that is determined by this Court in the appeal filed by the claimant at the rate of 6°/o per annum on the compensation awarded in these appeals from the date of complaint till the date ofpayment of compensation awarded by this Court. The justification made by the learned Senior Counsel on behalf of the appellant doctors and AMRI Hospital in not awarding interest on the compensation awarded by the National Commission is contrary to law laid down bv this Court and also the proyisions of the Interest Act, 1978.
Hence, their submissions cannot be accepted as the same are wholly untenable in law and misplaced. Accordingly, the aforesaid point is answered in favour of the claimant."
13. However, at the same time, we find that the rest of the calculations and the assessment made by the surveyor in the report dated 22.11.2025 appears to be adequate and just. There is no material to contradict the same.
Consequently, the contention of the complainant deserves acceptance as the fire had taken place due to short circuit that has been accepted by the surveyor, and therefore once the cause of damage has been confirmed and the stocks have been verified, we do not find any error in the calculations made except for the deduction of salvage as already indicated above.
14. We therefore modify the impugned order of the State Commission and substitute award of Rs. 12,90,644/- instead of Rs. 15,00,000/- as awarded by the State Commission together with 6% simple interest payable from the NC/FA/747/2022 & 365/2023 Page| 17 date of the filing of the complaint. Both the appeals stands disposed off accordingly.
Sd/- 1I
( A.P. SAHI, J.)
PRESIDENT
Sd/- 1
( BHARATKUMAR PANDYA) t
MEMBER
Brahm/VM/Court-1/13-14
NC/FA/747/2022 & 365/2023 Page| 18