Nia Co Ltd. vs Asaraf
2018 Latest Caselaw 2957 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 928 of 1986
 

 
Appellant :- Nia Co Ltd.
 
Respondent :- Asaraf
 
Counsel for Appellant :- L.M. Sinha,A.K.Shukla
 
Counsel for Respondent :- J.N. Srivastava,A.B.Saran,Govind Saran,M.K. Tewari,M.K.Srivastava,N.K.Srivastava,Neeraj Agarwal,P.K.Tewari,Sudhir Bharti
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

(Ref: Civil Misc. Modification Application No.5 of 2018)

1. This is an application seeking modification in the order dated 23.5.2018.

2. While partly allowing the appeal of the Insurance Company, this Court has not disturbed the finding as far as the compensation which payable to the claimant. The original applicant has now requested this Court to modify the order and grant 12% rate of interest.

3. 12% rate of interest cannot be granted. The claimant can be granted just compensation though no appeal is preferred by the original claimants. The matter remained pending before this Court and, therefore, the amount shall be deposited with 4% rate of interest from 1986 till the amount is deposited.

4. This application is rejected.

Order Date :- 28.9.2018

Mukesh