Shiv Charan Singh v. Smt Rajeshwari Singh Muni & ORS.

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 14/2025 & CM APPL. 782/2025 SHIV CHARAN SINGH .....Petitioner Through:

Mr. Kishore and Mr. Amit Kumar Gupta, Advocates versus SMT RAJESHWARI SINGH MUNI & ORS.

.....Respondent Through:

None

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 09.01.2025 1.

Petitioner seeks initiation of contempt proceedings against respondents for not complying with the specific directions contained in order dated 19.03.2024 passed by the Co-ordinate Bench of this Court in W.P. (C) No. 10775/2022.

2.

By virtue of the aforesaid order, respondents were directed to implement the award dated 17.06.2019 passed by Insurance Ombudsman, Noida within a period of eight weeks.

3.

It will be worthwhile to mention herein that as per award passed by Insursance Ombudsman, taking into account all the facts and circumstances of the case, insurance-company concerned was directed to pay "admissible claim" to the claimant after submission of requisite documents by the claimant.

4.

Admittedly, petitioner has thereafter received a sum of Rs. 16,18,500/- from the insurance-company on 10.07.2024.

CONT.CAS(C) 14/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:36:20

5.

Grievance of the petitioner is limited to the effect that since sum insured was Rs. 20 lacs, insurance-company could not have deducted any amount. Petitioner wants to contend that the „admissible claim‟ would be the sum insured and nothing less.

6.

Fact, however, remains that award is very specific and award does not quantify any amount as such and rather categorically records that the petitioner be given "admissible claim".

7.

After hearing arguments for some time, learned counsel for petitioner submits that he does not press his present contempt petition but seeks liberty to file appropriate petition/suit seeking recovery of the balance amount which according to the petitioner has been wrongfully deducted while settling the claim.

8.

In view of aforesaid, present contempt petition is disposed of as not pressed.

9.

Liberty, as prayed, is always available to the petitioner. 10.

All the rights and contentions of the parties are reserved. MANOJ JAIN, J JANUARY 9, 2025/dr CONT.CAS(C) 14/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 12:36:20