The Oriental Insurance Co Ltd v. Pushpa Devi Patel & ORS

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 423/2016 & CM APPL.19114/2015 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through:

Mr. Anshuman Kalra, Mr. A.K. Soni and Mr. Pavan Kumar Advocates along with Mr. Akarsh Deepak, Asstt.

Manager versus PUSHPA DEVI PATEL & ORS ..... Respondents Through:

Mr. C.M. Patel, Advocates

CORAM:

DR. SUDHIR KUMAR JAIN, PRESIDING OFFICER MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 14.09.2024 Appellant insurance company has filed an appeal for reduction of the award dated 27.02.2016 passed by the Learned MACT, awarding a compensation of Rs. 33,33,300/- along with interest @ 9% p.a. from the date of filing of claim petition. On appeal, the insurance company deposited entire awarded amount with up to date interest in terms of the order dated 20.05.2016 passed by this Hon'ble Court before the tribunal and 50% of the awarded amount was directed to be released in favour of the claimants as per the award. After comprehensive discussions, it is agreed between the parties that out of the deposited amount along with the accrued interest, lump sum amount of Rs. 3,00,000/- shall be refunded to the appellant insurance company and balance amount along with up to date total interest shall go to respondent/Claimant (s). Ld. Counsel for the respondents that balance amount be 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 03/07/2025 at 02:18:43

released as the said amount is required for marriage of the daughter/ meeting the education expenses of the children of the deceased. Learned Counsel for the Insurance Company also submits that the statutory amount with interest, if any, may be refunded to the Insurance Company.

In view of the submissions of the learned counsel for the respondents/claimants, we direct the concerned tribunal to release the balance amount along with accrued interest lying deposit with the tribunal after adjusting the lump sum amount of Rs.3,00,000/- to the respondents/claimants as per proportion of the award. The lump sum amount of Rs.3,00,000/- be refunded to the insurance company. The Registrar General of this Court is directed to refund the statutory amount with interest if any, to the insurance company. The present appeal along with the pending application(s), if any, is disposed of with directions in terms of the foregoing settlement.

A copy of this order be sent to concerned Ld. Tribunal with LCR, if requisitioned and received.

DR. SUDHIR KUMAR JAIN, J K. VENKATRAMAN CO-MEMBER SEPTEMBER 14, 2024/j 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 03/07/2025 at 02:18:43