Chief Secy. (Govt. Of Nct Of Delhi) vs Jeenat Kausar & Anr.
2011 Latest Caselaw 1302 Del

                                      UNREPORTED
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+              RFA 740/2002

CHIEF SECY. (GOVT.OF NCT OF DELHI)             ..... Appellant
                      Through: Ms. Avnish Ahlawat and
                               Ms. Latika Chaudhary,
                               Advocates
               versus
JEENAT KAUSAR & ANR.                         ..... Respondents
                      Through: Mr. M.L. Bajaj, Advocate

%                        Date of Decision :     March 04, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL
1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                         J U D G M E N T (ORAL)

: REVA KHETRAPAL, J.

CM No.21822/2010 (exemption from filing paper-book)

Exemption granted subject to all just exceptions.

The application stands disposed of.

RFA 740/2002 and CM No.1808/2002 (stay)

1. In this case, notice limited as to why award of interest as

awarded by the trial court be not set aside was issued on 18.11.2002

by the Division Bench subject to the appellant producing the receipt

of having paid the amount of ` 5,00,000/- (Rupees Five Lacs only)

to the respondents.

2. A perusal of the impugned judgment shows that the suit from

which the impugned judgment arises had been instituted on the

accidental death of the respondent's daughter, who had fallen from

the broken parapet wall of the terrace of the school, while she was

playing with her friends during recess, and died at the spot, was

decreed on 03.08.2002 for a sum of ` 5,00,000/- along with pendente

lite and future interest @ 18% per annum and costs.

3. Since the parties are at variance with regard to rate of interest

prevalent on the date of the filing of the suit for recovery of damages,

notice was issued by this court to the concerned official of UCO

Bank, Delhi High Court Branch, New Delhi to clarify the position

with regard to the rate of interest prevalent on 4th March, 1996 i.e., the

date of the filing of the suit.

4. In response to the said notice, Mr. C.L. Sharma, Manager -

UCO Bank, Delhi High Court Branch is present in court today and

has placed on record the prevalent rate of interest on 4th March, 1996,

which according to the records filed by him, varied from 10% per

annum to 13% per annum according to the period of deposit made by

the customer.

5. In view of the aforesaid, the impugned judgment is modified to

the extent that the rate of interest payable by the appellant is reduced

from 18% per annum to 12% per annum. As set out in order dated

December 16, 2002, since the respondents have already received the

sum of ` 5 lakhs, the appellant shall deposit the interest amount as

calculated by the Registry. The Joint Registrar (Budget and

Accounts) shall calculate the same within four weeks from the date of

communication of this order and the amount shall be deposited by the

appellant not later than four weeks thereafter. List before the Joint

Registrar on 25th July, 2011 for ensuring compliance.

RFA 740/2002 and CM No.1808/2002 stand disposed of

accordingly.

REVA KHETRAPAL (JUDGE) March 04, 2011 km