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2011 Supreme(J&K) 177

HAKIM IMTIYAZ HUSSAIN, HASNAIN MASSODI
New India Assurance Company Ltd. & Ors. – Appellant
Versus
Ghulam Hassan Mir – Respondent


Advocates Appeared:
Mr.Manzoor A.Dar, Advocate for the Appellants., M/s Sami Yaqoob, Advocate and Tufail Qadri, Advocate for the Respondent.

Per Massodi, J.:-

1. The controversy involved in all the three above captioned Civil 1st. Miscel­laneous Appeals is by a large identical and the appeals are thus together taken up for disposal.

2. Challenge in CIMA No. 106/2008 is to the judgement of State Consumer Disputes Redressal Commission ("State Commission" for short) dated 22.09.2008, in complaint titled Ghulam Hassan Mir v. New India Insurance Company whereby the State Commission has directed the appellant to pay an amount of Rs. 17,15,729 along with interest at the rate of 8% per annum from 27.09.2002 i.e. the date of loss till final payment of the award amount and further allowed litigation costs in the amount of Rs. 5,000/-.

3. The Civil 1st. Miscellaneous Appeal No. 181/2009 calls in question judge­ment of the State Commission dated 05.08.2009 whereby the Appellant Insurance Company has been directed to pay an amount of Rs. 13,33,065/- to the respondent with 8% annual interests with effect from the date two months after the receipt of the Surveyors report till the final payment is made and also to pay Rs. 10,000/- to the respondent as litigation charges.

4. The appellant-respondent in CIMA No. 106/2008 through the medium o




















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