The New India Assurance Co. Ltd v. Naveen Kumar (Since Deceased Thr Lrs) And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI PRE SITTING LOK ADALAT + MAC.APP.-208/2025, CM APPL. 18453/2025, CM APPL. 18454/2025, CM APPL. 42796/2025, CM APPL. 42797/2025, CM APPL. 42798/2025 & CM APPL. 45545/2025 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through:

Mr. Abhishek Gola & Mr. Yoshit Sahyni, Advs alongwith Ms. Nikhita Bhowmik, Deputy Manager, NIAC.

versus NAVEEN KUMAR (SINCE DECEASED THR LRS) AND ORS ..... Respondents Through:

Mr. Pankaj Gupta, Adv. for R1 to 5.

CORAM: PRE SITTING OF LOK ADALAT HON'BLE MS. JUSTICE SHAIL JAIN (PRESIDING OFFICER) MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 13.09.2025 Appellant insurance company has filed an appeal for reduction of the award dated 03.12.2024 passed by the Learned MACT, awarding a compensation of Rs. 32,40,451.2/- along with interest @ 9% p.a. from the date of filing of claim petition. On appeal, the Insurance Company deposited the entire award amount along with accrued interest in terms of order dated 28.03.2025 before the Registrar General this Hon'ble High Court and 60% of award amount along with accrued interest was directed to be released. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

We have interacted with the learned counsel for the appellant/Respondent. Apropos such interaction and deliberation, it is agreed between the Learned Counsel for the appellant and Learned Counsel for R-1(A to E) Claimant(s) as under:- A. Appellant Insurance Company shall withdraw the appeal and shall not press for reduction.

B. Respondent claimant(s) shall be satisfied if the said cross objection be disposed off on the basis that the insurance company shall pay Rs. 1,76,000/- as full and final settlement of the cross objection in addition to the awarded amount. In view of the settlement, the Insurance Company is directed to deposit a sum of Rs. 1,76,000/- before the Ld. Registrar General of Hon'ble High Court within a period of six weeks failing which the Appellant is liable to pay interest on the delayed payment @ 9% p.a. and the said amount of Rs.1,76,000/- be released to the Respondent(s)/Claimant(s) as per the proportion of the award. It is clarified that 25% of the enhanced amount be released to Respondent No.1, 25% of the enhanced amount be released to Respondent No.5, subject to fulfillment of all the requisite formalities.

Balance 50% of the enhanced amount shall be kept in the FDR of any nationalized bank in favour of Respondent No.2 & 3 in equal proportionate and same be released after attaining the age of majority. In addition, 1⁄4 of the awarded amount be released to Respondent No.1, 1⁄4 be released to Respondent No.5 and balance 50% of the awarded amount shall be kept in any nationalized bank in equal proportion in favour of Respondent No. 2 & 3 equally and the same be directed to be released after the attaining the age of majority. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

In view of the settlement cross objection bearing no. 4096/2025 is also disposed off as settled. It is further directed that the statutory amount with interest, if any, may be refunded to the Insurance Company.

In terms of the aforesaid, the present appeal along with pending application (s) stand disposed of with directions in terms of the settlement.

A copy of this order be sent to the concerned learned Tribunal with TCR, if already received.

(SHAIL JAIN) PRESIDING OFFICER K. VENKATRAMAN CO-MEMBER SEPTEMBER 13, 2025 sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.