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2023 Supreme(P&H) 141

NAMIT KUMAR
Suresh Devi – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Kumar Jain.
For the Respondent: Vinod Chaudhri.

JUDGMENT :

NAMIT KUMAR, J.

1. This revision petition has been filed by petitioner/decree-holder under Article 227 of the Constitution of India for setting aside impugned order dated 17.11.2018 passed by Motor Accident Claims Tribunal, Jind, whereby application filed by respondent No. 1-Insurance Company for refund of amount of interest from 02.09.2014 to 19.08.2017 has been allowed.

2. Brief facts of the case are that petitioner and her son filed a claim petition under Section 166 of the Motor Vehicles Act claiming a sum of Rs.20 lakh as compensation along with interest @ 18% per annum on account of death of Tara Chand in a motor vehicular accident on 30.07.2010. The claim petition was partly allowed on 02.06.2011 and a sum of Rs.6,26,192/- was awarded to the claimants along with interest @ 9% per annum from the date of filing of the claim petition till its actual realisation. Respondent No. 1-Insurance Company filed FAO-6345 of 2011 against the aforesaid award in which initially 50% of the awarded amount was stayed vide order dated 18.10.2011 and thereafter, the same was dismissed by this Court vide judgment dated 05.03.2014. After dismissal of its appeal, respondent No. 1-Insurance

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