High Court of DelhiMAC.APP./123/2015

Reliance General Insurance Company Ltd. v. Chandra & ORS

2024-03-09Hon'Ble Mr. Justice Sudhir Kumar Jain3 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 123/2015 RELIANCE GENERAL INSURANCE COMPANY LTD.

..... Appellant Through:

Mr. Rajeev M. Roy, Advocate.

versus CHANDRA & ORS ..... Respondents Through:

Mr. S.N. Parasar Advocate for R-1 to 8.

CORAM:

DR. SUDHIR KUMAR JAIN, PRESIDING OFFICER MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 09.03.2024 Appellant insurance company has filed an appeal for reduction of the award dated 13.10.2014 passed by the Learned MACT awarding compensation of Rs. 18,75,620/- along with interest @ 9% p.a. from the date of filing of petition till realization. On appeal, the insurance company deposited 80% of the awarded amount along with the up-to-date interest accrued thereon before the Concerned Tribunal in terms of the order dated 04.02.2015 passed by this Hon'ble court. Direction was also issued to release the said deposit amount to the claimants in terms of the order of the tribunal. After some discussion in pre-sitting Lok Adakat, Mr. Sahil Gupta, Sr. Manager Legal, has instruction not to press the appeal. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr. Gupta has requested for a six weeks' time to deposit balance 20% of the awarded amount along with update interest @ 9% p.a. from the date of claim petition till the date of deposit before the concerned tribunal.

Learned Counsel for the Insurance Company also submits that the statutory amount with interest, if any, may be refunded to the Insurance Company.

Today, the learned counsel for the respondent Insurance Company has appeared before the National Lok Adalat and submitted that the balance 20% of the awarded amount along with the up-to-date interest amounting to Rs. 6,62,870/- and Rs. 70,585/- has already been deposited through NEFT bearing no. N060242907211702 and N060242907224962 dated 29.02.2024, respectively. Learned counsel for the respondents/claimants submits that the balance deposited amount along with accrued interest, if any, be released in favour of respondent no. 1, subject to the furnishing of NOC/affidavit by the respondents no. 2 to 8 in favour of the respondent no. 1 for the release of the said amount in her favour. The amount be directed to be released to the respondent no. 1, subject to filing of NOC/affidavit by respondents no. 2 to 8 in favour The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the respondent no. 1.

In case the requisite NOC/affidavit is not filed within six weeks, in that event, the said amount be directed to be released to the respondents no. 1 to 8 in equal proportion, subject to fulfilment of all the requisite formalities.

Statutory amount with interest, if any, be refunded to the Insurance Company.

The present appeal along with the pending application(s), if any, is disposed of with directions in terms of the foregoing settlement.

A copy of this order be sent to concerned Ld. Tribunal with LCR, if requisitioned and received.

DR. SUDHIR KUMAR JAIN, J K. VENKATRAMAN, CO-MEMBER MARCH 09, 2024 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.