National Insurance Co. Ltd v. Kamla Devi And ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 339/2015 NATIONAL INSURANCE CO. LTD.

..... Petitioner Through:

Mr. Pankaj Seth, Adv. with Mr. Sunil Singh, Manager, Mr. Anil Kalgotra, Assistant Manager versus KAMLA DEVI & ORS.

..... Respondent Through:

Mr. S.N. Parashar, Adv. for R-1 to 6 and 8

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 06.02.2015 passed by the learned MACT awarding compensation of Rs.34,76,238/- along with interest @ 9% p.a. from the date of filing of the claim petition. The appellant deposited 75% of the awarded amount along with up-to-date interest with the Registrar General of this Hon'ble Court. Directions was issued to release the sum of Rs.5,00,000/- to respondent No.1 and sum of Rs.2,00,000/- each to respondent Nos.7 and 8. 2.

We have interacted with the learned counsel for the parties and it is agreed between the parties that awarded amount alongwith accrued interest shall be reduced by lump sum amount of Rs.2,00,000/-, and therefore, at the time of depositing the balance 25% of the awarded amount alongwith the MAC.APP. 339/2015 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 20:01:28

interest @ 9% per annum from the date of claim petition till the date of deposit, the Insurance Company shall deposit the above amount less the lump sum reduction of Rs.2,00,000/- from the awarded amount. The Insurance Company shall deposit the said amount before the Registrar General of this Court. We ordered accordingly.

3. It is pointed out by the learned counsel for the respondent claimant that respondent No.7/Laxmi Devi has expired and the share of respondent No.7 be given to respondent No.8. We ordered that the share of respondent No.7 be given to respondent No.8 subject to verification and fulfilment of requisite formalities. It is relevant to note that the incident pertains to the year 2012 and therefore, we pass direction for immediate release. The settled amount after taking into consideration the order passed with respect to share of respondent No.7, be released to respondent(s) claimant(s) as prescribed in the award subject to fulfilment of all requisite formalities. 4.

Needless to say that the appellant shall be entitled to refund of the statutory amount along with interest, if any. 5.

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

(MANOJ JAIN) PRESIDING OFFICER K. VENKATRAMAN CO-MEMBER MAY 11, 2024 ss MAC.APP. 339/2015 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 20:01:28