DELHI HIGH COURT
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
REENA RAGHAV AND ORS. – Respondent
dated
16.10.2023
passed
in
MAC.APP.460/2023, titled as Oriental Insurance Co. Ltd v. Reena
Raghav and Ors., this Court has rejected the similar plea of the
appellant by observing as under:
“11. I have considered the submissions made
by the learned counsels for the parties.
12. In Yad Ram (supra), this Court has opined
that the rate of interest awarded on
compensation payable should be decided on a
case-to-case basis, rather than having a fixed
measure of the same, as what may be
reasonable in one case may not be so in
another.
13. In this case, the accident had taken place
on 07.05.2019, while the Impugned Award
came to be passed on 07.07.2023. The learned
Tribunal in exercising its discretion to
determine the rate of interest placed reliance
on the judgment of the Supreme Court in
Erudhaya Priya v. State Express Transport
Corporation Ltd., 2020 SCC OnLine SC 601,
wherein the Supreme Court had enhanced the
given interest from 7.5% to 9% per annum for
an accident that took place on 16.08.2011,
while the Award was passed on 20.10.2014.
14. Apart from making an oral submission on
the prevailing rate of interest, and that too
from some Google Internet search, the
MAC.APP. 535/2
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.