Mohd. Suhail Khan & ANR. v. United India Insurance Co.Ltd. & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 183/2013 MOHD. SUHAIL KHAN & ANR.

..... Appellants Through:

Mr.Ishan Vaswani, Advocate for Mr.Manish Maini, Advocate versus UNITED INDIA INSURANCE CO.LTD. & ORS. ..... Respondents Through:

Mr.Pankaj Sethi, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 12.02.2020 CM APPL.No.50548/2018 1.

Vide judgment dated 16th July, 2018, this Court enhanced the award amount from Rs.6,14,462/- to Rs.13,55,470/- along with interest @ 9% per annum. This Court directed respondent No.1 to deposit the enhanced award amount with the Claims Tribunal within six weeks. 2.

Learned counsel for the appellant submits that the respondent No.1 has not deposited the interest on the original award amount of Rs.6,14,462/- which is disputed by learned counsel for the respondent No.1 who submits that respondent No.1 has deposited the interest. 3.

This Court is of the view that it would be appropriate for the Claims Tribunal to examine whether respondent No.1 has deposited the interest on the original award amount of Rs.6,14,462/-.

4.

The respondent No.1 is directed to file an affidavit before the Claims Tribunal giving the particulars of the deposit of the interest on the original award amount of Rs.6,14,462/- and the relevant documents in respect thereof within four weeks with advance copy to learned counsel for the appellant who shall file response thereto within two weeks thereafter. 5.

The parties shall appear before the Claims Tribunal on 30th March, 2020 when the Claims Tribunal shall pass appropriate order after hearing both the parties.

6.

Application is disposed of in the above terms. 7.

List for reporting compliance before the Joint Registrar on 8th May, 2020.

8.

Copy of this order be sent to the Claims Tribunal for compliance. 9.

Copy of this order be given dasti to learned counsel for the parties under signatures of the Court Master.

J.R. MIDHA, J.

FEBRUARY 12, 2020 mamta