Dayanand v. Abhimanyu Kohli & ORS

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 386/2019 DAYANAND .....Appellant Through:

Mr. Manish Maini and Ms.

Anjali Singh, Advocates.

versus ABHIMANYU KOHLI & ORS .....Respondents Through:

Mr. Mohammad Mustafa, Advocate for R3/Insurance Company.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 22.01.2025 CM APPL. 3986/2025 1.

The present application is filed by the appellant Smt. Meena Devi/widow of the deceased/original appellant, seeking release of the enhanced awarded amount lying deposited with the State Bank of India, Dwarka District Court Complex, New Delhi. 2.

The appeal was filed by the appellant and the same was allowed by this Court vide order dated 05.11.2024 and the compensation was enhanced to Rs. 11,87,242/- along with interest @ 9% per annum on the enhanced amount from the date of appeal till the date of disbursement, on similar terms as stated in the award.

3.

The learned counsel for Respondent No.3/ Insurance Company submits that the order dated 05.11.2024 has been accepted by the insurance company and has not been challenged. 4.

It is pointed out that certain amount was deposited by the insurance company in the name of the original appellant. It is submitted that the original appellant, during the pendency of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:44:44

present appeal, expired and his legal heirs were impleaded and the appeal was pursued by them.

5.

It is submitted that the amount has to be released in favour of the claimants in terms of the directions in the award dated 06.09.2018 and apart from the widow of the deceased, the rest of the legal heirs are minor children.

6.

In view of the above, the State Bank of India, Dwarka District Court Complex, New Delhi is directed to convert the amount deposited by Respondent No.3/Insurance Company into four fixed deposits equally in the name of all the 04 legal heirs of the deceased, details of which shall be provided by the appellant to the concerned bank.

7.

The amount shall be released in favour of the wife of deceased immediately and to the rest of the LRs on their attaining the age of majority. The amount shall be put in interest bearing FDRs with automatic renewal mode.

8.

The application stands disposed of.

AMIT MAHAJAN, J JANUARY 22, 2025 DU The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:44:44