Bajaj Allianz General Insurance Co Ltd v. Ashok Kumar & ORS

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 940/2019 & CM Appl. 53225/2019 BAJAJ ALLIANZ GENERAL INSURANCE CO LTD ..... Appellant Through:

Mr. A. K. Soni and Mr.Pavan Kumar, Advocates versus ASHOK KUMAR & ORS ..... Respondents Through:

Mr. P. K. Chatterjee and Mr.Rajeev Kumar, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 19.02.2020 The appellant has challenged the interim award dated 04th September, whereby the Claims Tribunal has passed interim award for Rs.1,40,351/-.

Learned counsel for the appellant urged at the time of the hearing that there is no provision in the Motor Vehicles Act for passing of an interim award for Rs.1,40,351/-.

Respondent No.1 is present in Court along with his counsel and has no objection to the appeal being allowed.

The appeal is allowed and the interim award dated 04th September, 2019 is set aside. Pending application is disposed of. The statutory amount be refunded back to the appellant. Copy of this order be given dasti to counsel for the parties under signatures of the Court Master.

J.R. MIDHA, J.

FEBRUARY 19, 2020/ds