The New India Assurance Co. Ltd. v. Archana Mishra & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP.-233/2023 CM APPL. 22515/2023 CM APPL. 22516/2023 WITH MAC.APP. 286/2023 THE NEW INDIA ASSURANCE CO. LTD.

..... Appellant Through:

Ms. Awantika Manohar, Advocate for Mr. Chandrashekhar, Advocate.

versus ARCHANA MISHRA & ANR.

..... Respondents Through:

Mr. Pankaj Gupta, Advocate for R-1.

CORAM: NATIONAL LOK ADALAT HON'BLE MR. JUSTICE RAVINDER DUDEJA MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 08.03.2025 Appellant has filed an appeal for reduction of the award dated 04.03.2023 passed by the learned MACT awarding compensation of Rs. 28,55,198/- along with interest @ 7.5% p.a. from the date of filing of the claim petition. The insurance company deposited 60% of the awarded amount along with interest with the concerned tribunal and the said amount was directed to be released to R-1 as per the award. Ld. Counsel for the appellant has instructions taken a decision to withdraw the appeal in view of the settlement arrived in MAC.APP.286/2023.

We have interacted with the learned Counsel/parties concerned. Apropos such interaction and due deliberation, we note that the appellant-insurance company has only deposited 60% of the awarded amount along with interest before the concerned Tribunal. 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 12/03/2025 at 11:48:23

In view of the above settlement, it is directed that the insurancecompany shall deposit 40% of the awarded amount along with interest @7.5% p.a. from the date of claim petition till the date of deposit within a period of six weeks from today. Let the said amount be deposited before the concerned Tribunal and the said amount be directed to be released to the R-1 subject to fulfilment of all the requisite formalities.

The statutory amount deposited as a pre-condition for filing appeal with interest, if any, be refunded to the Insurance Company. The present appeal alongwith 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.

(RAVINDER DUDEJA) PRESIDING OFFICER K. VENKATRAMAN CO-MEMBER MARCH 08, 2025/vd 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 12/03/2025 at 11:48:23