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2022 Supreme(Del) 763

GAURANG KANTH
New India Assurance Co. Ltd. – Appellant
Versus
Farzana Rahat – Respondent


Advocates Appeared:
For the Appellant : Mr. J. P. N. Shahi.
For the Respondent: Mr. S. N. Parashar,

JUDGMENT :

[Gaurang Kanth, J.]

1. The subject-matter of challenge in the present case is the award dated 16.04.2013 (“impugned award”) passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Saket Courts, New Delhi, in suit no. 61/2012 titled as Smt. Farzana Rahat v. Mr. Aas Mohammad. Vide the impugned award, the learned Claims Tribunal awarded a sum of Rs.25,31,583/- (Rupees Twenty Five Lacs Thirty One Thousand Five Hundred and Eighty Three only) along with interest @ 7.5% per annum including interim award if any, from the date of filing the petition i.e. 19.11.2012 till the notice under Order XXI Rule 1 CPC was given by the respondents. Respondent no. 3 i.e. the insurance company, was directed to deposit the award amount within a period of thirty days. The Insurance Company was also directed to pay further interest @ 12% per annum in case of non-payment of the said amount within thirty days.

2. Against the impugned award, MAC.APP. 555/2013 has been preferred by the Appellant/New India Assurance Company Ltd. for setting aside the impugned Award dated 16.04.2013 whe

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