Supreme Court - Daily Orders
M/S Premium Composts India Private ... vs The New India Assurance Company Limited on 5 August, 2019
Bench: D.Y. Chandrachud, Indira Banerjee
1
ITEM NO.22 COURT NO.10 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL Diary No(s). 23946/2019
(Arising out of impugned final judgment and order dated 02-04-2019
in CC No. 1115/2018 passed by the National Consumers Disputes
Redressal Commission, New Delhi)
M/S PREMIUM COMPOSTS INDIA PRIVATE LIMITED PETITIONER(S)
VERSUS
THE NEW INDIA ASSURANCE COMPANY LIMITED RESPONDENT(S)
(FOR ADMISSION and IA No.110713/2019-CONDONATION OF DELAY IN FILING
APPEAL)
Date : 05-08-2019 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE INDIRA BANERJEE
For Petitioner(s)
Mr.M.Yogesh Kanna, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
It is submitted by learned counsel for the petitioner that the petitioner has challenged the order of the National Consumer Disputes Redressal Commission on both (i) the quantum of compensation awarded; and (ii) the award of interest.
On the quantum of compensation, the NCDRC, in the course of its impugned order has observed that:
“During the course of argument, it is argued on behalf of the complainant on instructions from the complainant who is present in the Court that the complainant is confining its claim only to the amount which has been assessed by the Surveyor Signature Not Verified Digitally signed by i.e. Rs.5,62,69,168/- (Rs.Five crore sixty two ASHOK RAJ SINGH Date: 2019.08.09 13:51:22 IST lakh sixty nine thousand one hundred sixty eight) Reason: and that the said amount be directed to be paid to the complainant along with pendente lite interest @ 18% till the date of actual realization, along with compensation for the mental agony and harassment and the litigation cost.” 2 In view of the above observation, and since the claim of the petitioner was confined to Rs.5,62,69,168/- (Rupees Five crore sixty two lakh sixty nine thousand one hundred sixty eight) which was awarded, we do not find any reason to entertain this Special Leave Petition on the quantum awarded.
However, it has been submitted that interest was awarded at the rate of 12% with effect from the date of the filing the complaint, whereas, interest should have been awarded from the date of occurrence of the peril insured against.
Delay condoned.
Issue notice on the above issue returnable in eight weeks.
(Ashok Raj Singh) (Saroj Kumari Gaur)
Court Master Court Master