Reliance General Insurance Co Ltd v. Swadesh Kal & ORS

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 330/2016 & CM APPL. 14317/2016 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through:

Mr. A.K. Soni with Mr. Pavan Kumar, Advocates.

versus SWADESH KAL & ORS ..... Respondent Through:

None

CORAM:

HON'B LE MR. JUSTICE MANOJ JAIN (PRESIDING OFFICER) MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 11.05.2024 1.

Appellant insurance company has filed an appeal for reduction of the award dated 11.01.2016 passed by the Learned MACT awarding compensation of Rs. 10,72,005/- along with interest @ 9% p.a. from date of claim petition. On appeal, the insurance company deposited the entire awarded amount along with the up to date interest accrued before the tribunal in terms of the order dated 25.04.2016 passed by this Hon'ble court. In terms of the said order, 60% of the amount was directed to be released.

2.

We have interacted with the learned counsel for the appellant. Apropos such interaction and deliberation, learned counsel for the appellant wishes to withdraw the present appeal. MAC.APP. 330/2016 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 14/05/2024 at 20:01:54

3.

We permit the appellant to withdraw the appeal subject to the condition that the legal rights of the claimant shall stand protected. 4.

In terms thereof, the concerned Tribunal is directed to release the balance deposited amount along with up-to-date interest as per the terms of the award of the Tribunal.

5.

Needless to say that the appellant shall be entitled to refund of the statutory amount along with interest, if any. 6.

We wish to clarify that though the matter has been settled before Lok Adalat, any claimant would be at liberty to move appropriate application before the concerned learned Tribunal, in case he seeks pre-mature release or refund on account of any extreme exigencies or any compelling reason. In such a situation the learned Tribunal would be at liberty to take up such application and to decide the same in accordance with law.

7.

In terms of the aforesaid, the present appeal along with pending application (s) stand disposed of.

8.

A copy of this order be also sent to the respondent(s)-claimant (s).

9.

A copy of this order be sent to the concerned learned Tribunal with TCR, if already received.

(MANOJ JAIN) PRESIDING OFFICER K. VENKATRAMAN CO-MEMBER MAY 11, 2024/st MAC.APP. 330/2016 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 14/05/2024 at 20:01:54