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2016 DAILYLAW 2623 (BOM)

THE ORIENTAL INSURANCE CO LTD. v. SANTOSH SUBAI YADAV AND ANR.

WP/9766/2016 · 2026-09-07

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Judgment text

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23-wp-9766-2016.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9766 OF 2016 The Oriental Insurance Co. Ltd. … Petitioner V/s. Santosh Subai Yadav & Anr. … Respondents Mr. Kalpana Trivedi a/w K. Awasthi, for the Petitioner. Mr. T. J. Mendon, for Respondent Nos.1 and 2. CORAM : AMIT BORKAR, J. DATED : SEPTEMBER 7, 2026 P.C.: 1. The only dispute involved in the present petition relates to the calculation of simple interest at the rate of 7.5% per annum on the amount of compensation of Rs. 86,500/-. It appears that there is a dispute between the applicant and the Insurance Company regarding the calculation of the amount of interest. The law in this regard has been laid down by the Supreme Court in Oriental Insurance Company Ltd. v. V. Kala Bharathi and Others, 2014 (2) TAC 370. In the absence of any adjudication on the respective calculations submitted by the parties, the Executing Tribunal appears to have failed to determine the exact amount of interest payable. Accordingly, the impugned order is set aside. 2. The Tribunal shall recalculate and determine the exact amount of interest payable by the Insurance Company in accordance with the principles laid down in the judgment of the 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.09.07 16:24:56 +0530 23-wp-9766-2016.doc Supreme Court in Oriental Insurance Company Ltd. v. V. Kala Bharathi and Others. The said exercise shall be completed within eight weeks from today. 3. The writ petition stands disposed of. (AMIT BORKAR, J.) 2