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New India Assurance Co Ltd vs Pushkin Tiwari & Anr on 15 January, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~9
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      FAO 21/2021 & CM Nos.1454-55/2021

                                 NEW INDIA ASSURANCE CO LTD.                    .....Appellant
                                                Through : Mr. Salil Paul and Mr. Sahil Paul,
                                                          Advs.
                                                versus
                                 PUSHKIN TIWARI & ANR.                        ....Respondent
                                                Through : None.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                          ORDER

% 15.01.2021 [Court hearing convened via video-conferencing on account of COVID-19] CM No.1455/2021

1. Allowed, subject to just exceptions.

2. Mr. Salil Paul, who appears on behalf of the appellant, says that the accident, which is the subject matter of the present proceedings, involved respondent no. 1 i.e. Mr. Pushkin Tiwari and, one, Mr. Moharman.

3. I am informed by Mr. Paul that Mr. Pushkin Tiwari was the driver of the vehicle which was involved in the accident while Mr. Moharman was the cleaner, who was also in the vehicle which met with the accident.

4. Mr. Paul says that the Commissioner, qua the very same incident, passed two separate orders, one of which is assailed in the present appeal. 4.1 Insofar as the other order is concerned, the appellant has assailed the same in FAO No.17/2021.

                          FAO 21/2021                                                        page 1 of 2




Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:17.01.2021
13:37:28
                           4.2    I am informed that FAO No.17/2021 was listed before Hon'ble Mr.

Justice Sanjeev Sachdeva on 13.01.2021 and that notice has been issued with a direction that 25% of the amount deposited with the Commissioner be released to Mr. Moharman.

5. Accordingly, issue notice in the instant appeal as well.

6. As in the other case, the Commissioner will release 25% of the amount deposited with him, in favour of respondent no. 1, i.e. Mr. Pushkin Tiwari.

6.1 The amount will be remitted within 10 days of receipt of a copy of the order passed today.

6.2 The Registry will transmit the order passed today to the concerned Commissioner via e-mail.

7. List the captioned matter on 15.07.2021 before the bench which is hearing FAO No.17/2021 subject to the orders of the Hon'ble Chief Justice.

                                                                               RAJIV SHAKDHER, J
                          JANUARY 15, 2021
                          aj
                                                                Click here to check corrigendum, if any
                          FAO 21/2021                                                       page 2 of 2




Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:17.01.2021
13:37:28