THE ORIENTAL INSURANCE COMPANY LTD. LKO. THRU. SENIOR DIVISIONAL MANAGER v. STATE OF U.P. THRU. SPECIAL SECY. INSTITUTIONAL FINANCE DEPTT. LKO. AND 3 OTHERS
A227/211/2025 · 2025-01-21
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115298 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115298 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4095 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 211 of 2025 Petitioner :- The Oriental Insurance Company Ltd. Lko. Thru. Senior Divisional Manager Respondent :- State Of U.P. Thru. Special Secy. Institutional Finance Deptt. Lko. And 3 Others Counsel for Petitioner :- Satyajit Banerji Counsel for Respondent :- C.S.C.,Ajeet Kumar,Arvind Kumar,Rinku Verma Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Rinku Verma, learned counsel for the respondents.
2. The present petition has been filed by the petitioner challenging the award dated 29.04.2024, whereby an amount of Rs.5 lacs was awarded along with the penalty.
3. Learned counsel for the petitioner relies upon a decision of this Court dated 15.03.2023 in Matter under Article 227 No.27 of 2021 (Oriental Insurance Co. Ltd. Vs. State of U.P. and others), wherein the Permanent Lok Adalat had granted interest as well as penalty. This Court had held that both cannot be granted and the award was confined to the amount along with interest @ 9%.
4. Considering and following the said judgement, the award is modified to the extent that the respondents would get the amount of Rs.5 lacs along with interest @ 9% from the date of filing of the claim petition till the actual payment/realization.
5. The petition is disposed of. Order Date :- 21.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench