Reliance General Insurance Co Ltd v. Om Prakash & ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 193/2017 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through :

Mr.A.K.Soni and Mr. Pawan Kumar, Advs.

Mr. Sahil Gupta, Legal Manager for appellant Insurance Company.

versus OM PRAKASH & 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 parties have settled the disputes. The appellant/Reliance General 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 amount by Rs.6,00,000/- as a lump sum. 3.

It is informed that the appellant/insurance company has deposited the entire awarded amount of Rs. 21,85,000 /- along with interest at the rate of 8% per annum with the MACT Saket. The Tribunal is directed to release a lump sum of Rs. 6,00,000/- to the authorised agent of insurance company proof of identity.

MAC.APP. 193/2017

4.

The Tribunal is directed to release the balance amount of Rs.15,85,000 along with complete interest on the deposited amount in favour of respondent no.1/claimant no.1 Om Prakash in terms of its Award. 5.

At this stage the learned counsel for respondent no.1/claimant submits that respondent no.1 Om Prakash has since expired during the pendency of this appeal on 09.03.2017, the legal heirs Smt. Santosh (wife), Ms. Anita (daughter) and Monu and Kishan Kumar (sons) have been substituted in the MAC Appeal.

6.

In these circumstances, on appropriate application being moved in this regard, the balance amount lying deposited before the Tribunal along with the accrued interest shall be shared between the widow and the daughter as determined by the Tribunal.

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 MAC.APP. 193/2017