Delhi High Court - Orders
Iffco Tokio General Insurance Co Ltd vs Smt Anupama Bhatia & Ors on 11 January, 2024
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 31/2024
IFFCO TOKIO GENERAL INSURANCE CO LTD
..... Appellant
Through: Mr. A.K. Soni and Mr. Pavan
Kumar, Advs.
versus
SMT ANUPAMA BHATIA & ORS. ..... Respondents
Through: Mr. Arun Yadav and Mr.
Kapish Yadav, Advs. for R-1&
R-2.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 11.01.2024 CM APPL. 1896/2024 (Ex.)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
MAC.APP. 31/2024 & CM APPL. 1897/2024 (Stay)
3. The appellant/Insurance Company is assailing impugned judgment/award dated 07.10.2023 whereby the learned Presiding Officer, MACT-02, Central, Tis Hazari Courts, Delhi, has awarded a total compensation of Rs. 16,14,320/- with the interest @ 8% p.a. from the date of accident till its realization to the legal heirs of deceased-Smt. Prem Chandra, who was about 75 years old.
4. Learned counsel for the appellant has urged that the deceased was liable for contributory negligence as she was crossing the road without using the zebra crossing. It is further urged that the learned Tribunal has error in computing the pensionary benefits as 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 25/01/2024 at 08:25:09 dependency for the two children, who are adults and well-settled in life, and were not financially dependent upon the deceased. In support, learned counsel for the appellant has referred to the decision in Keith Rowe v. Prashant Sagar & Ors. (2010 (1) TN MAC 70 (Del.))
5. Per-contra, learned counsel for the respondent has opposed the appeal and he has relied on the decision in (i) Jamal Din & Ors. v. New India Assurance Co. Ltd. & Ors. in MA No. 236/2017 and Manzoor Ahmed & Anr. v. New India Assurance Co. Ltd. & Ors. in MA No. 315/2017; (ii) Zarifa Banoo & Ors. v. Manzoor Ahmad Sheergujri & Ors. in MAC APP No. 19/2022; and (iii) National Insurance Company Ltd. v. Birender and Ors. in Civil Appeal No. 244/2020.
6. Considering the issues raised in the present appeal, and since notice of the appeal is accepted by learned counsel for the respondent, the appellant/Insurance Company is directed to deposit 50% of the amount of the compensation with the interest @ 8% p.a. uptill date, with the learned MACT, within four weeks from today, which be released to the respondent No.1/claimant without prejudice.
7. Let notice be issued to respondent No.3 since recovery rights are also sought by the appellant/Insurance Company, by all permissible modes including via approved courier as well.
8. Digitized Lower Court Record be also requisitioned for the next date of hearing.
9. Re-notify for final hearing on 27.05.2024.
DHARMESH SHARMA, J.
JANUARY 11, 2024/sp 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 25/01/2024 at 08:25:09