Sanna Devi v. Ravi Satija & ORS (National Insurance Company Ltd)
Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 397/2016 NATIONAL INSURANCE CO LTD Appellants Through Mr.S. Mazumdar, Adv. with Mr.Sunil Singh, Asstt. Manager.
versus ANITA & ORS Respondents Through Mr. Manish Maini, Adv. for R-1 to 3 + MAC.APP. 348/2017 SANNA DEVI Appellant Through Mr. Manish Mani, Adv.
CD
Versus
RAVI SATIJA & ORS Respondents Through Mr.S. Mazumdar, Adv. with Mr.Sunil Singh, Asstt. Manager.
Mr. Manish Maini, Adv. for R-4 & 5.
CORAM:
HON'BLE MR.
JUSTICE A. K. CHAWLA MR. K. VENKATRAMAN (CO-MEMBER)
ORDER
% 09.03.2019 Parties have mutually agreed to resolve the subjeet matter and there under, the respondent Insuranee company has agreed to pay a sum of Rs. 1,90,000/- ( Rupees One Lac Ninety Thousand only) over and above the amount payable in tenns of the impugned award as full and final settlement. Today, the enhanced amount has come to be deposited by the insurance company by way of cheque bearing No. 325317 dated 11.02.2019
amounting to Rs. 1,90,000/- drawn on Corporation Bank, Laxmi Nagar, Delhi favouring the claimant Ms. Anita. 10% of the enhanced amount shall be released to the claimant and the remaining amount shall be kept in Fixed Deposit for a period of five years in a Nationalized Bank. However, the interest accruing on such amount may be released to the claimant as may be beneficial to him on monthly or yearly basis. Parties have also mutually agreed that the claimant shall be at liberty to seek release of the amounts lying deposited with MACT in eonsonanee with the terms of the award.
The impugned award stands modified to that effect. Consequently, the appeals and the pending applications shall stand disposed of. The statutory amount deposited for entertainment of the appeal alongwith interest, if any, shall be refunded to the insurance company r (A.K. CHAWLA) PRESIDING OFFICER (K. VEN/KATRAMAN)'
CO-MEMBER MARCH 09, 2019 re
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.
348/2017 SANNA DEVI Appellant Through:
Mr. Manish Maini, Advocate for Appellant and Respondents No. 4 and 5.
Versus
RAVI SATIJA & ORS (NATIONAL INSURANCE COMPANY LTD) Respondents Through:
Mr. Pankaj Seth, Advocate for Insurance Company.
CORAM:
HON'BLE MR.
JUSTICE NAJMIWAZIRI
ORDER
% 03.05.2019 CM No.21128/2019 (for release of amount) Issue notice.
Mr. Seth, the learned counsel accepts notice on behalf of the Insurance Company.
With consent of the parties, the application is taken up for final disposal.
It is stated that the settlement amount of Rs. 1,90,000/-, over and above the amounts payable in terms of the impugned Award, towards full and final settlement of all claims had been agreed by the insurance company and the said amount lies deposited in this Court. This application seeks distribution of the said amount between the class - I legal heirs of the
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deceased. The learned counsel for the applicants states that the appellant, respondents no. 4 and 5 are the mother, widow and son of the deceased respectively. He submits that these are the only class -I legal heirs of the deceased. There is no objection to the relief sought. The application is allowed.
In the circumstances, the amount of Rs. 1,90,000/-, which has been deposited in the Court by the insurance company, in terms of the settlement before the Lok Adalat, shall be apportioned between the applicants - legal heirs of the deceased, in the same proportion, as has been specified in the Award. The share of respondent no.5-a minor, shall be kept in an FDR, to be renewed automatically, and shares of the widow and mother of the deceased shall be released to them.
The application stands disposed-off in terms of the above. sb t I ZIRI, J.
NAJMI MAY 03, 2019