Oriental Insurance Co. Ltd v. Bishwanath Mandal & ORS

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ORIENTAL INSURANCE CO.LTD ..... Appellant Through : Mr. J.P.N Shahi, Advocate, Mr.

Pratap Singh Khangarot Manager, Shri Neeraj Kumar Assistant Manager versus BISHWANATH MANDAL & ORS ..... Respondents Through :

Mr. S N Parashar, Advocate

CORAM:

HON'BLE MS JUSTICE ASHA MENON MR. K. VENKATRAMAN (CO-MEMBER)

O R D E R

% 13.07.2019 1.

The matter has been placed before us in the National Lok Adalat with the consent of parties, who are present through their counsel. 2.

The Oriental Insurance Company Limited ('the appellant/insurance company', for short) had sought reduction in the compensation awarded by the Tribunal. The parties have agreed to reduce the Award amount by Rs.1,50,000/- alongwith the accrued interest on the same. 3.

It is informed that out of the total compensation awarded of Rs.13,69,932/- with 9% interest from the date of filing of petition till realization, the appellant/insurance company had deposited with the Tribunal only 65%, i.e. an amount of Rs.8,90,456/- along with interest. This amount of Rs.8,90,456/- along with interest will be released by the Tribunal in terms of the Award.

4.

Of the remaining 35%, after adjusting the reduced amount of Rs.1,50,000/- alongwith the accrued interest, the appellant/insurance company has brought separate cheques in favour of the claimants/respondents. The details of the cheques are as follow: - (i) Cheque no. 524758 dated 11.07.2019 in favour Shri Bishwanath Mandal for a sum of Rs.1,38,380/- (ii) Cheque no. 524759 dated 11.07.2019 in favour of Shri Bishwanath Mandal for a sum of Rs.51,673/- (iii) Cheque no. 524760 dated 11.07.2019 in favour of Smt. Chapal for a sum of Rs.1,68,033/- (iv) Cheque no. 524761 dated 11.07.2019 in favour of Smt. Chapal for a sum of Rs.62,746/- (v) Cheque no. 524762 dated 11.07.2019 in favour of Devi Mandal for a sum of Rs.23,063/- and (vi) Cheque no. 524763 dated 11.07.2019 in favour of Devi Mandal for a sum of Rs.10,765/- 5.

All the aforesaid cheques are drawn on the Hongkong and Shanghai Banking Corporation Limited, New Delhi. The same are taken on record. 6.

The Secretary, Delhi High Court Legal Services Committee may release the aforesaid cheques to the claimants/respondents in terms of the Award of the Tribunal, on production of documents of identification. 7.

The statutory amount of Rs.25,000/- along with interest, if any, shall be returned to the appellant/insurance company by the Registrar General of this Court.

8.

The matter is accordingly settled.

9.

This Award be placed on the record of the case. 10.

The file be consigned.

11.

Copy of the Award be given dasti to the parties. (ASHA MENON) PRESIDING OFFICER (K. VENKATRAMAN) CO-MEMBER JULY 13, 2019 mk