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2026 Supreme(Online)(Raj) 2107
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Kuldeep Mathur, J
M/S THE NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
SHAHID MOHAMMAD – Respondent
S.B. Civil Writ Petition No. 20894/2025
For the Appellants/Petitioners: Aditya Singhi
For the Respondents:
The court may grant a conditional interim stay on orders passed by consumer commissions, including those rejecting appeals on delay, provided the petitioner deposits a specified percentage of the awarded amount to protect the claimant's interests.
Headnote:The matter pertains to a dispute over a fire insurance claim where the insurance company's assessment of loss at Rs. 7,32,151 was contested. The State Consumer Disputes Redressal Commission, Bench Jodhpur, subsequently awarded a significantly higher amount of Rs. 47,55,937 with 9% interest. An appeal against this award was rejected by the National Consumer Disputes Redressal Commission on the grounds of a delay exceeding 60 days, despite the petitioner's explanation of procedural reasons. The primary issue is whether the operation of the State Commission's award and the National Commission's order rejecting the appeal should be stayed pending the writ petition. The court observed that the matter requires consideration given the disparity between the surveyor's assessment and the final award. In the meanwhile and until further orders, the effect and operation of the impugned order dated 23.04.2025 (Annexure-2) passed by the Rajasthan State Consumer Disputes Redressal Commission, Bench Jodhpur, and the impugned order dated 12.08.2025 (Annexure-1) passed by the National Consumer Disputes Redressal Commission, New Delhi, shall remain stayed, subject to the petitioner making payment of 50% of the amount awarded by the State Commission, in favour of the claimant-respondent, within six weeks from today.
Order
Learned counsel for the petitioner submitted that in the present case, on the basis of the survey report submitted by the empanelled Surveyor of the petitioner-Insurance Company, the loss suffered by the respondent due to fire was assessed at Rs.7,32,151/-.
Learned counsel further submitted that the respondent, being dissatisfied with the survey report and the loss so assessed, filed a complaint before the Rajasthan State Consumer Disputes Redressal Commission, Bench Jodhpur. The State Commission, after hearing the parties, vide order dated 23.04.2025, directed the petitioner-Insurance Company to make payment of Rs.47,55,937/- along with interest at the rate of 9% per annum from the date of filing of the complaint.
It was contended that the award dated 23.04.2025 was passed by the State Commission in complete ignorance of the material available on record and without appreciating the fact that the empanelled Surveyor, after conducting a detailed survey, had recommended payment only to the extent of Rs.7,32,151/-.
Learned counsel submitted that, being aggrieved by the award dated 23.04.2025 passed by the State Commission, the petitioner-Insurance Company preferred an appeal before the National Consumer Disputes Redressal Commission, New Delhi. However, the said appeal came to be rejected vide order dated 12.08.2025 solely on the ground of delay of more than 60 days, despite the petitioner having specifically explained in the application for condonation of delay that the delay had occurred due to procedural reasons.
It was further submitted that a highly excessive award has been passed against the petitioner-Insurance Company by the State Commission, ignoring the material on record, and therefore, the impugned orders deserve to be stayed.
The matter requires consideration.
Heard.
Issue notice of the writ petition as well as the stay application to the respondent.
In the meanwhile and until further orders, the effect and operation of the impugned order dated 23.04.2025 (Annexure-2) passed by the Rajasthan State Consumer Disputes Redressal Commission, Bench Jodhpur, and the impugned order dated 12.08.2025 (Annexure-1) passed by the National Consumer Disputes Redressal Commission, New Delhi, shall remain stayed, subject to the petitioner making payment of 50% of the amount awarded by the State Commission, in favour of the claimant-respondent, within six weeks from today. The amount, if any, already deposited by the petitioner shall be duly adjusted.
It is made clear that in the event the petitioner fails to deposit 50% of the awarded amount, as directed above, the interim order passed today shall stand vacated automatically.
