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High Court of DelhiMAC.APP./161/2021

The New India Assurance Company Ltd. v. Smt. Shweta Tiwari & ORS.

2024-03-09Hon'Ble Mr. Justice Sudhir Kumar Jain2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 161/2021 THE NEW INDIA ASSURANCE CO. LTD ..... Appellant Through:

Mr. Ravi Sabharwal and Mr. JPN Shahi, Advocates.

versus SMT. SHWETA TIWARI & ORS.

..... Respondents Through:

Mr. U.C. Rai Advocate, through VC (9810863265).

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 06.02.2021 passed by the Learned MACT awarding compensation of Rs. 19,66,500/- along with interest @ 9% p.a. from date of claim petition. On appeal, the insurance company deposited the entire awarded amount along with the up to date interest accrued before the Ld. Tribunal in terms of the order dated 11.05.2021 passed by this Hon'ble court. In terms of the said order, 60% of the amount was directed to be released. After comprehensive discussion, it is agreed that lump sum amount of Rs. 2,50,000/- shall be refunded to the insurance company the balance lying deposited along with the accrued interest shall go the respondent/claimant (s).

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 15/03/2024 at 12:46:02

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

In view of the settlement arrived between the parties, the tribunal is directed to refund the lump sum amount of Rs.2,50,000/- to the Insurance Company and balance amount lying deposited along with accrued interest be directed to be released to the respondent (s)/claimant in terms of the award of the tribunal. The Registrar General of this Court is directed to release the statutory amount of Rs.25,000/- with interest if any 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/J 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 15/03/2024 at 12:46:02