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The Oriental Insurance Co. Ltd. vs Shri Rafiq Ali And 3 Others on 9 December, 2022

10. So far as the judgment of the Apex Court in the case of Lakkamma and Ors. Vs The Regional Manager M/s United India Insurance Co. Ltd. and Anr. (supra) is concerned, the said judgment is not applicable in the facts of the present case, inasmuch as, in the said judgment, the Apex Court while condoning the delay in filing the special leave petition has put a condition that the claimant-appellant would be disentitled to interest for the period of delay for any enhancement.
Allahabad High Court Cites 2 - Cited by 0 - S Srivastava - Full Document

Satpal vs Oriental Insurance Co. Ltd. And Another on 31 May, 2022

33. In view of the above, the appeal is partly allowed. Judgment and award passed by the Tribunal shall stand modified to the aforesaid extent. The respondent-Insurance Company shall deposit the additional amount within a period of 12 weeks from today with interest at the rate of 7.5% from the date of filing of the claim petition till the amount is deposited. However, for period of 22.7.2002 to 17.12.2003 no interest would be payable in view of decision of Apex Court reported in Lakkamma and Others Vs. The Regional Manager M/s United India Insurance Co. Ltd., AIR 2021 SC 3301. The amount already deposited be deducted from the amount to be deposited.
Allahabad High Court Cites 19 - Cited by 0 - A Tyagi - Full Document

The New India Assurance Company Ltd. vs Dr. Smt. Sunita Jain And Others on 5 March, 2022

2. By way of this appeal, the New India Assurance Co. Ltd., has challenged the judgment and award dated 19.5.1992 passed by Motor Accident Claims Tribunal/1st Additional District Judge, Kanpur Nagar in Claim Petition No.125 of 1985 awarding sum of Rs.5,60,000/- as compensation with 12% rate of interest. The deceased was survived by widow, two sons and mother. Cross objections came to be filed belatedly and, therefore, though the delay is condoned, it goes without saying that while discussing grant of interest, this aspect has to be considered as per judgment of the Apex Court in Lakkamma and Others Vs. The Regional Manager M/s United India Insurance Co. Ltd., AIR 2021 SC 3301.
Allahabad High Court Cites 14 - Cited by 0 - K Thaker - Full Document

Suraj Mukhi And 2 Others vs Sunil Garg And Another on 21 March, 2022

29. In view of the above, the both the appeals are partly allowed. Judgment and award passed by the Tribunal shall stand modified to the aforesaid extent. The respondent-Insurance Company shall deposit the difference amount within a period of 12 weeks from today with interest at the rate of 7.5% from the date of filing of the claim petition till the amount is deposited in both the matters. However, from the date of the decision of Tribunal i.e. 24.9.2015 till the date of filing of the appeal i.e. 6.5.2016, namely the delay in filing the appeal, interest would not be payable to the claimant in both the appeals in view of the decision in Lakkamma and Others Vs. The Regional Manager M/s United India Insurance Co. Ltd., AIR 2021 SC 3301.
Allahabad High Court Cites 22 - Cited by 0 - A Tyagi - Full Document

Cholamandalam Ms General Insurance ... vs Pranay on 8 April, 2026

25. With regard to the entitlement of interest, the Tribunal, after taking note of the judgment of the Apex Court rendered in the case of Lakkamma and others vs. Regional Manager, M/s.United India Insurance Company Limited and another 4 , fixed the rate of interest @ 9% per annum, which needs no interference, and, resultantly, the total compensation awarded to the claimant was Rs.61,89,998/- with subsequent interest @ 9% per annum from the date of petition, i.e., 28.04.2021, till the date of payment and all the respondents are made jointly and severally liable to pay the awarded amount, is upheld and confirmed, thereby dismissing the appeal filed by the Insurance Company as totally devoid of merit.
Andhra Pradesh High Court - Amravati Cites 15 - Cited by 0 - C M Roy - Full Document

Sanjay Kumar Sharma And Another vs Murari Lal And Others on 19 April, 2023

6. Per contra, as against this, it is submitted by Sri A.K.Shukl, learned counsel for the respondents that in absence of any proof of income Rs. 2500/- p.m cannot be considered to be income of a compounder in the year of accident. It is further submitted that there is no question of granting future loss of income as law did not subscribe to the same and the multiplier granted is just and proper. According to learned counsel interest granted at 12% is exorbitantly granted. Further, it is submitted that the matter remained pending since 1997 till 2022 and only on 27.02.2023, a copy of the memo of appeal was given to the respondent and therefore in view of the judgement of Lakkamma Vs. United India Insurance Co. Ltd. AIR 2021 SC 3301, it is submitted that interest under Section 171 of the M.V.Act should not be ordered for the said period where the insurance company was not at fault and the appellant's counsel was totally negligent in not even getting the matter listed on the board and getting notice issued till year 2023.
Allahabad High Court Cites 6 - Cited by 0 - K Thaker - Full Document

The New India Assurance Co.Ltd. vs Smt.Pramila And Others on 28 August, 2023

10. The interest on the enhanced amount would be 9% from the date of filing of the claim petition till the amount is deposited but thereafter, for the period for which it has remained pending on the list without even the appeal been condoned, it is rightly pointed out by Sri. P.K.Sinha and Ms Aarushi Khare, learned counsels for the insurance company that interest would be slashed as per the judgment of Apex Court in Lakkamma Vs. United India Insurance Co. Ltd. AIR 2021 SC 3301, hence 4% on enhanced amount from the dated of filing of the claim petition till the amount is deposited.
Allahabad High Court Cites 7 - Cited by 0 - K Thaker - Full Document
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