Suhail & ORS v. Vijay Singh & ORS ( Reliance General Insurance Co Ltd )

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 200/2018 SUHAIL & ORS ..... Appellants Through:

Mr. Munish Kumar Sharma, Adv.

versus VIJAY SINGH & ORS ( RELIANCE GENERAL INSURANCE CO LTD ) ..... Respondents Through:

Mr. P. Srivnivasan, Adv. with Mr.

Sahil Gupta, Legal Manager.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 20.07.2018 1.

Respondent No.3 has deposited Rs.4,22,573/- with the Registrar General of this Court.

2.

The Registrar General of this Court is directed to release Rs.36,000/- to appellant No.3 and Rs.36,000/- to appellant No.4, by instructing UCO Bank, Delhi High Court Branch to transfer the said amount to appellant No.3 and 4, in the their respective savings bank account as mentioned below:

(i) Fezan @ Faijan (appellant No.3) A/c No.9270000100014020 Punjab National Bank, Niwari, Modi Nagar Branch IFSC Code : PUNB0927000 (ii) Arman (appellant No.4) A/c No.9270000100014118 Punjab National Bank, Niwari, Modi Nagar Branch IFSC Code : PUNB0927000 3.

The order with respect to the balance amount shall be passed on the next date of hearing.

4.

Vide judgement dated 11th January, 2017, the Motor Accident Claims Tribunal, South East District, Saket Court in MACT No.3655/2016; Suit (No.268/2014 ) awarded the compensation of Rs.11,95,000/- to the appellants i.e. Rs.2,98,750/- to each of the four appellants and the State Bank of India, Saket Courts Branch was directed to release Rs.98,750/- to each of the four appellants and the balance Rs.2 lakh along with the interest was directed to be kept in the FDR till the appellants attain the age of 21 years. As of now the State Bank of India, Saket Courts Branch has Rs.2 lakh plus proportionate interest in the FDRs in the name of each of the appellant. As per the statement handed over by the appellants, the balance as on 16th March, 2017 was Rs.2,43,102/- in each FDR.

5.

Learned counsel for the appellant on instructions of the appellant submit that the FDRs issued by State Bank of India, Saket Courts Branch in terms of the judgement dated 11th January, 2017 of the Claims Tribunal be directed to be discharged and the State Bank of India, Saket Courts Branch be directed to transfer the amount to Registrar General of this Court and the disbursement order be passed after the receipt of the FDR amount. 6.

State Bank of India, Saket Courts Branch is directed to discharge the aforesaid FDRs issued in the name of Suhel @ Suhail, Mhasarjahan @ Mehsarjahan, Fezan @ Fajjan and transfer the FDRs amount along with interest thereon to the Registrar General of this Court. 7.

List for disbursement of the amount on 31st August, 2018. 8.

Copy of this order be sent to State Bank of India, Saket Courts Branch for compliance.

9.

Copy of this order be sent to the concerned Claims Tribunal to ensure the compliance by State Bank of India, Saket Courts Branch before the next date of hearing.

10.

Copy of this order be given dasti under signature of Court Master to

learned counsels for the parties as well as Mr.Sanjiv Kakra, learned Standing Counsel for State Bank of India who shall ensure the compliance of this order by State Bank of India. Copy of the account statement be also furnished to Mr.Sanjiv Kakra.

J.R. MIDHA, J.

JULY 20, 2018 ak