HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.No.415 of 2001 JUDGMENT: The appeal is filed by the plaintiff against the judgment dated 31.01.1994 in O.S.No.160 of 1988 on the file of the Additional Subordinate Judge, Anantapur. The suit was filed for recovery of a sum of Rs.1,00,000/- under an insurance policy issued by the defendant consequent on the death of the deceased Madhusudanareddy, who is the son of the plaintiff. The defendant has repudiated the liability and has claimed that there is no liability to pay the amount as there was suppression of the facts while taking of the policy and on the basis of the pleadings of both the parties, the trial was conducted and rejecting the contentions of the defendant, the suit of the plaintiff was decreed for a sum of Rs.1,00,000/- only. The lower Court has not granted the interest and consequently questioning the refusal of the interest after passing of the decree, the present appeal is filed. The point that arises for consideration is whether the plaintiff is entitled for payment of any interest from the date of the suit? Evidently, the defendant has not filed any appeal challenging the decree of the Court so far as it relates to the acceptance of the policy and directing payment of Rs.1,00,000/- under the premium. The plaintiff also has not claimed any interest prior to the filing of the suit though the claim was said to have been made on 13.07.1988 and on 13.07.1987, the claim was not settled and a legal notice was issued on 30.04.1988 and the claim was not settled and ultimately the suit was filed on 17.08.1988 and disposed of on 31.01.1994. For all these years, the money, which the plaintiff is entitled was with the defendant. Therefore, when a policy of insurance is taken and it was found to be valid, avoiding the payment on untenable contentions is not proper and having retained the money payable to the plaintiff, the defendant cannot have any advantage. In fact, under Section 34 C.P.C., even if no agreement is there for payment of future interest, it is in the discretion of the Court. Therefore, taking into consideration the disadvantage suffered by the plaintiff and the advantage of the defendant in retaining the money, I feel it is just and necessary to award interest from the date of suit. In the result, the appeal is allowed. Accordingly, the judgment of the lower Court insofar as it relates to the refusal of the future interest is concerned, is set aside and the plaintiff is entitled for interest at 12% per annum from the date of suit till the date of decree and at 6% per annum from the date of decree till the date of realisation. Accordingly, the point is answered. ________________________ N.R.L.NAGESWARA RAO,J 02nd February, 2011 PNV