Icici Lombard General Insurance Co Ltd v. Ram Kawal & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 186/2015 ICICI LOMBARD GENERAL INSURANCE CO LTD..... Appellant Through:

NEMO.

versus RAM KAWAL & ORS ..... Respondents Through:

Mr. Siddharth, Advocate for respondents No.1 to 5

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 10.10.2017 1.

The accounts officer has submitted the report according to which the appellant has deposited Rs.19,80,616/- out of which the claimants are entitled to Rs.15,36,143/- and Rs.4,44,473/- is to be refunded back to the appellant.

2.

The Registrar General of this Court is directed to discharge the FDR for Rs.19,80,616/- and transfer Rs.15,36,143/- along with proportionate interest accrued thereon to UCO Bank, Delhi High Court Branch. The balance amount of Rs.4,44,473/- along with proportionate interest accrued be retained by the Registrar General till the next date of hearing. 3.

Learned counsel for the claimants has produced the passbooks of respondents No.1 and 2 as well as their Aadhaar Cards. The particulars of savings bank accounts of respondents No.1 and 2 are as under: (i) Ram Kawal @ Ram Kawal Giri S.B. Account No.421802010001073 Union Bank of India Village Lahideeha, Post Towa, Azamgarh-276305, IFSC Code: UBIN0542181.

(ii) Janaki @ Janaki Devi S.B. Account No.421802010918552 (SB General) Union Bank of India Village Lahideeha, Post Towa, Azamgarh-276305, IFSC Code: UBIN0542181.

4.

Upon receipt of Rs.15,36,143/- along with proportionate interest accrued thereon, UCO Bank, Delhi High Court Branch is directed to transfer a sum of Rs.75,000/- to respondent No.1 and Rs.75,000/- to respondent No.2 by transferring the same to their aforesaid savings bank accounts. 5.

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

UCO Bank shall keep the balance amount in FDR till the next date of hearing so that the amount keeps earning interest.

6.

The Union Bank of India, Azamgarh Branch is directed not to issue any cheque book or debit card to respondents No.1 and 2 and if the same have already been issued, Union Bank of India is directed to cancel the same and make an endorsement to this effect on the passbook of respondents No.1 and 2.

The respondents No.1 and 2 shall produce the copy of this order before Union Bank of India, Azamgarh Branch, whereupon Union Bank of India shall make the necessary endorsement on the passbooks. The original passbook containing the endorsement shall be produced by respondents No.1 and 2 on the next date of hearing.

7.

List for disbursement of the balance amount on 09th November, 2017. 8.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

OCTOBER 10, 2017 rsk