Iffco Tokio General Insurance Co Ltd v. Naresh Kumar & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 596/2017 IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant Through:

Mr.Brijesh Bagga, Advocate versus NARESH KUMAR & ORS ..... Respondents Through:

Mr.Navneet Goyal, Advocate for respondents No.1 and 2 + MAC.APP. 125/2018 NARESH KUMAR AND ANR ..... Appellants Through:

Mr.Navneet Goyal, Advocate versus IFFCO TOKIO GENERAL INSURANCE CO LTD AND ORS ..... Respondents Through:

Mr.Brijesh Bagga, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 07.12.2018 1.

The claimants are present in Court along with their counsel and have produced the passbooks of their following savings bank accounts: Naresh @ Naresh Kumar Saving A/c No.37044510790 with State Bank of India Samepur, Mandir Mohalla Branch, Delhi, IFSC Code: SBIN0006667 Poonam Saving A/c No.37044493740 with State Bank of India Samepur, Mandir Mohalla Branch, Delhi, IFSC Code: SBIN0006667 2.

The insurance company has deposited Rs.2,28,120/-. The Claims Tribunal has transferred Rs.8,78,524/-. As such, a sum of Rs.11,06,644/-, along with interest accrued thereon is available with the Registrar General of

this Court for disbursement.

3.

The Registrar General is directed to disburse the aforesaid amount to the claimants by instructing UCO bank, Delhi High Court Branch as under: (iii) Rs.10,00,000/- be kept in 100 FDRs of Rs.10,000/- each, for the period 1 month to 100 months, respectively in the name of the claimant, Poonam with cumulative interest.

(iv) The balance amount, after keeping Rs.10,00,000/- in FDRs, be released to the claimants, Naresh Kumar and Poonam in equal proportion by transferring the same to their aforesaid savings bank accounts.

4.

All the original FDRs shall remain with UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, amount, date of maturity and maturity amount shall be furnished by UCO Bank to the claimant, Poonam.

5.

The maturity amounts of the FDRs be released to the claimant, Poonam in her aforesaid savings bank account. 6.

No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

7.

State Bank of India Samepur, Mandir Mohalla Branch, Delhi shall permit the claimants to withdraw money from their respective savings bank accounts by means of a withdrawal form.

8.

List for reporting compliance on 15th March, 2019. 9.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

DECEMBER 07, 2018 dk