Icici Lombard General Insurance Co Ltd v. Kartika Grover & ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT-I + MAC.APP. 254/2017, CM No.10128/2017 ICICI LOMBARD GENERAL INSURANCE CO LTD ..... Appellant Through : Ms.Suman Bagga & Mr.Pankaj Gupta, Advocates.

versus KARTIKA GROVER & ORS ..... Respondents Through : Mr.Anshuman Bal, Advocate for respondent Nos.1 to 4.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 08.04.2017 1.

The amount awarded by the MACT Court is ` 1,32,36,612/- with 9% per annum interest as per the directions of the MACT Court. The amount so awarded was to be distributed among all the respondents. However, during negotiations, the matter has now been settled between the parties and the Insurance Company would pay ` 1,08,00,000/- with interest @ 9% pa to the respondents, as against the award given by the MACT Court. 2.

The respondent No.3 father - Shri K.C.Grover, however has agreed not to claim anything from the amount so awarded /settled today. Learned counsel for respondent No.3 makes statement to this effect. MAC.APP. 254/2017

3.

Thus, the amount of ` 1,08,00,000/- with interest as above shall be deposited by the Insurance Company with the Delhi High Court Legal Services Committee within a period of 45 days from today, lest an interest at the rate of 9% per annum shall be charged on this amount w.e.f. 08.04.2017 till the date of realisation.

4.

The amount so deposited shall be distributed among respondent Nos.1, 2 & 4 in the following manner:- i) Respondent Nos.1 & 2 would get 40% each of the amount so settled; and ii) Respondent No.4, mother of deceased would get 20% of the amount so settled today.

5.

The abovesaid agreed amount shall be further apportioned in terms of the directions of the MACT Court.

6.

The recovery rights in favour of the appellant shall remain intact in terms of directions of the MACT Court.

7.

The statutory deposit amount so deposited by the Insurance Company shall be released to the Insurance Company on deposit of settled / agreed amount.

8.

In above terms, the appeal and pending application stands disposed of.

(YOGESH KHANNA) PRESIDING OFFICER (K. VENKATRAMAN) CO-MEMBER APRIL 08, 2017/M MAC.APP. 254/2017