Shriram General Insurance Co. Ltd v. Sonia & ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 763/2014 & CM APPL. 13728/2014 SHRIRAM GENERAL INSURANCE CO. LTD ..... Appellant Through:

Ms. Niyati, Adv. With Mr. Ashok Sharma, Mr. Umesh Singh Chauhan and Mr.

Rajesh Sharma, representatives of Shriram General Insurance Company Ltd) versus SONIA & ORS ..... Respondents Through:

Mr. Lokesh Kumar Rana, Adv.

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 has filed an appeal for reduction of the award dated 02.07.2014 passed by the learned MACT awarding compensation of Rs.45,28,000/- along with interest @ 7.5% p.a. from the date of filing of the claim petition. The appellant deposited 70% of the awarded amount along with up-to-date interest with the Registrar General of this Hon'ble Court and direction was issued to release the said amount in favour of Respondent No. 1 to 7 proportionately in terms of award of the Tribunal. 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.

3.

We permit the appellant to withdraw the appeal subject to the condition MAC.APP. 763/2014 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 20:01:52

that the legal rights of the claimant shall stand protected. 4.

In view of the above, appellant is directed to deposit the balance un-deposited 30% of the awarded amount along with up-to-date interest @ 9 per cent per annum from the date of claim petition within a period of six weeks from today.

5.

In terms thereof, the Registrar General of this Court may release the amount of compensation in favour of respondent no. 1 to 7 as per the terms of the award of the Tribunal.

6.

Needless to say that the appellant shall be entitled to refund of the statutory amount along with interest, if any. 7.

We wish to clarify that though the matter has been settled before the Lok Adalat, any claimant would be at liberty to move appropriate application before the concerned learned tribunal in case he seeks pre-mature release/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. 8.

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

9.

A copy of this order be also sent to the respondent no. 1 to 7. (MANOJ JAIN) PRESIDING OFFICER K. VENKATRAMAN CO-MEMBER MAY 11, 2024 ss MAC.APP. 763/2014 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 20:01:52