Shriram General Insurance Co Ltd v. Murari Mishra & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 1150/2013 SHRIRAM GENERAL INSURANCE CO LTD ..... Appellant Through:

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

Rajesh Sharma, representatives of company versus MURARI MISHRA & 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 has filed an appeal for reduction of the award dated 20.09.2013 passed by the learned MACT awarding compensation of Rs.6,87,132/- along with interest @ 9% p.a. from the date of filing of the claim petition. The appellant deposited the entire awarded amount along with up-to-date interest with the Registrar General of this Hon'ble Court and 80% of the awarded amount was already directed to be released to the claimant 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 that the legal rights of the claimant shall stand protected. We note that the MAC.APP. 1150/2013 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 20:01:53

learned counsel for the respondent has given no objection in the pre-sitting Lok Adalat held on 22.03.2024.

4.

In terms thereof, the Registrar General of this Court may release the amount already deposited with it in favour of respondent (s)/claimant (s), in 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 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. 7.

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

8.

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

9.

A copy of this order be also sent to the respondent (s)/claimant (s). (MANOJ JAIN) PRESIDING OFFICER K. VENKATRAMAN CO-MEMBER MAY 11, 2024 ss MAC.APP. 1150/2013 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 20:01:53