Oriental Insurance Co. Ltd vs Smt Anjana Devi And Ors on 16 May, 2023

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Delhi High Court - Orders

Oriental Insurance Co. Ltd vs Smt Anjana Devi And Ors on 16 May, 2023

Bench: Rekha Palli

                                          $~73
                                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +    MAC.APP. 255/2023
                                               ORIENTAL INSURANCE CO. LTD
                                                                                              ..... Appellant
                                                              Through: Mr. Pradeep Gaur, Adv.

                                                                                         versus

                                                      SMT ANJANA DEVI AND ORS.
                                                                                                                                    ..... Respondent
                                                                                         Through:                Mr Anshuman Bal, Adv. for R-1 to 5.

                                                      CORAM:
                                                      HON'BLE MS. JUSTICE REKHA PALLI
                                                                    ORDER

                                          %                         16.05.2023


                                          CM APPL. 25271/2023 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 25272/2023 -Delay 17 days.

3. This is an application filed by the appellant seeking condonation of 17 days' delay in filing the appeal.

4. The application is, for the reasons stated therein, allowed and the delay of 17 days in filing the appeal is condoned.

5. The application stands disposed of.

MAC.APP. 255/2023

6. The present appeal preferred by the insurer under Section 173 of the This is a digitally signed order.

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 20/09/2023 at 10:28:42 Motor Vehicles Act, 1988, seeks to assail the award dated 23.01.2023 passed by the learned MACT insofar as the quantum of compensation is concerned as also the non-grant of recovery rights against the owner of the insured vehicle. The appellant is also aggrieved by the grant of interest @9% p.a.

7. Issue notice. Mr. Bal accepts notice on behalf of respondent nos. 1 to

5. Upon the appellant taking steps, issue notice to the respondents nos. 6 & 7 through all permissible modes.

8. List on 16.10.2023.

9. In the meanwhile, TCR be requisitioned and digitized before the next date.

CM APPL. 25270/2023 -Stay.

10.This is an application preferred by the appellant seeking stay of the impugned award. Keeping in view the grounds taken in the appeal, the application is disposed of by directing the appellant to deposit 70% of the awarded amount with the learned Tribunal, within a period of 8 weeks, with a further direction to the learned Tribunal to release the same in favour of the claimants as per the scheme of disbursal contained in the impugned award. Needless to state, the release of the amount will remain subject to outcome of the present appeal.

11.Subject to the appellant depositing the amount in terms of this order, the operation of the impugned award will remain stayed during the pendency of the present appeal.

12.The application stands disposed of in the aforesaid terms.

13.At this stage, learned counsel appearing for respondent no. 4 who is This is a digitally signed order.

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 20/09/2023 at 10:28:42 the mother of the deceased, submits that as per the impugned award, the sum of Rs. 2,40,000/- has been awarded in her favour has been directed to be kept in the form of 24 monthly FDRs with the State Bank of India, Tis Hazari Court Branch. He prays that taking into account that the respondent no. 4 is already 99 years of age, the learned Tribunal be directed to release this amount to her in lumpsum so as to enable to utilise the amount in her lifetime itself.

14.Learned counsel for the appellant fairly submits that he has no objection to the immediate release of 70% of this amount of Rs.2,40,000/- alongwith accrued interest thereon in favour of respondent no. 4.

15.Taking into account the age of respondent no. 4 and the fair stand taken by learned counsel for the appellant, it is directed that 70% of the sum of Rs.2,40,000/- payable to respondent no. 4 alongwith accrued interest thereon be immediately released in her favour. The remaining amount if any deposited by the appellant as may be payable to respondent no. 4 will be kept in an interest bearing FDR for an initial period of one year to be renewed automatically every year.

REKHA PALLI, J MAY 16, 2023 acm This is a digitally signed order.

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 20/09/2023 at 10:28:43

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Delhi High Court - Orders