Sunita & ANR. v. Icici Lombard General Insurance Co Ltd & ORS.

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1049/2024 SUNITA & ANR.

.....Petitioners Through:

Mr. Sachin Saini and Mr.

Zahid, Advs.

versus ICICI LOMBARD GENERAL INSURANCE CO LTD & ORS. .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 10.07.2024 CM APPL. 38234/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1049/2024 3.

The petitioners are seeking initiation of contempt proceedings against the respondents for being in wilful disobedience of judgment dated 22.11.2023 passed by the learned Judge of this Court in an appeal under Section 173 of the Motor Vehicles Act, 1988, whereby the compensation awarded to the legal heirs had been enhanced and the respondents had been directed to make payment of the enhanced compensation with interest within six weeks of the date of passing of the said judgment.

4.

None appeared on behalf of the respondents despite sending advance notice.

5.

Having heard learned counsel for the petitioner, the judgment 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 02/07/2025 at 04:40:49

passed by this Court is an executable order as per the procedure prescribed under the Motor Vehicle Act and the Civil Procedure Code. Each or every order that is flouted consequent to a judgment-cumdecree cannot be brought for coercive action within scope and ambit of contempt proceedings.

6.

The present petition is disposed of with liberty to the petitioners to approach the concerned learned MACT in accordance with law for realization of their dues as also for seeking appropriate costs/damages for non-compliance of the directions of this Court. DHARMESH SHARMA, J.

JULY 10, 2024 sp 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 02/07/2025 at 04:40:49