Oriental Insurance Co Ltd v. Natho Devi And ORS

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 319/2024 & CM APPL.36941/2024, CM APPL. 36942/2024 ORIENTAL INSURANCE CO LTD ..... Appellant Through:

Mr. A. K. Soni, Advocate along with Mr. Akarsh Deepak, Asst. Manager for insurance company versus NATHO DEVI AND ORS ..... Respondents Through:

Mr. Ankit Kalra, Advocate for claimant

CORAM:

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

O R D E R

% 14.09.2024 Appellant insurance company has filed an appeal for reduction of the award dated 24.04.2024 passed by the Learned MACT awarding compensation of Rs. 33,60,000/- along with interest @ 7.5% p.a. from the date of claim petition i.e. 09.05.2022 till the date of realization. On appeal, the insurance company deposited entire awarded amount along with the up to date interest accrued thereon amounting Rs. 39,19,233/-before the Registrar General in terms of the order dated 31.07.2014 passed by this Hon'ble court. After discussion, it is agreed between the parties that out of the deposited amount including the accrued interest, the insurance company shall be refunded of Rs. 9,44,959/- along with the interest there upon on the said amount from the date of deposit and balance amount of Rs. 29,74,274/- along with the interest accrued thereon on 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 03/07/2025 at 02:05:06

the said amount shall go to respondent claimants. Ld. Counsel for the respondent/claimants submits that at least 40% of the said amount be released to the respondent No. 1 & 2.

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

After hearing the learned counsel for the claimant, we direct the Registrar General of this Court to release the amount of Rs.15,00,000/- to the respondents/claimants as per the proportion of the award, subject to the fulfilment of the requisite formalities and balance amount along with accrued interest be released in terms of the award of the tribunal. The insurance company be refunded Rs.9,44,959/- along with interest accrued upon on the said amount from the date of deposit.

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 SEPTEMBER 14, 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 03/07/2025 at 02:05:06