CM No.15846-CII-2009 and -1- FAO No.3513 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.15846-CII-2009 and FAO No.3513 of 2009 (O&M) DATE OF DECISION: 17.03.2010 **** M/s Punj Lloyd Limited and another . . . . Appellants VS. Smt. Surjit Kaur . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.R.M. Gupta, Advocate for the appellants. Mr.B.S.Jaswal, Advocate for the respondent. **** RAKESH KUMAR JAIN J. (ORAL) CM No.15846-CII-2009 This is an application under Section 5 of the Limitation Act, 1963 for condonation of 163 days in filing the appeal. Notice in the application was issued for 26.8.2009 to which no reply has been filed. After hearing learned counsel for the parties and keeping in view the circumstances mentioned in the application, which is supported by an affidavit, the same is hereby allowed. CM stands disposed of. FAO No.3513 of 2009 Learned counsel for the appellants has vehemently argued that the amount of interest could not have been awarded from the date of accident but could have been awarded from the date of CM No.15846-CII-2009 and -2- FAO No.3513 of 2009 (O&M) adjudication as held in the case of “National Insurance Company Limited Versus Mubasir Ahmed and another” 2007(2) PLR 188. However, in a decision of this Court, in the case reported as “New India Assurance Company Limited Versus Manphool Singh and others” 2008 (1) PLR 706, the aforesaid judgment has been considered and it has been held, after considering judgment rendered by four Judges Bench of Supreme Court in the case of ”Partap Narain Singh Deo Versus Srinivas Sabata” 1976(1) SCC 289, that the interest has to be awarded from the date of accident and not from the date of adjudication of the lis between the parties. In view of the above, I do not find any merit in the present appeal. Hence, the same is hereby dismissed. (RAKESH KUMAR JAIN) 17.03.2010 JUDGE vivek