Delhi High Court - Orders
The Oriental Insurance Co Ltd vs Stephen Able & Ors on 15 March, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 555/2019
CM APPL. 12466/2023 -E-hearing (R-1).
THE ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. Pankaj Seth, Adv.
Mr. Yuvraj Sharma, Adv. Proxy
Counsel.
versus
STEPHEN ABLE & ORS ..... Respondents
Through: Mr. Surjeet Singh, Mr. M.K. Singh,
Advs. for applicant-I.
Mr. Anubhav Singh, Adv. for ICICI
Bank.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 15.03.2023 CM APPL. 12466/2023
1. This is an application filed by the respondent no.1 seeking early hearing of his application being CM APPL. 47495/2022 whereby he has sought release of a further sum of Rs.4,15,470/- and Rs.12,02,284/- to meet the cost of his ongoing medical treatment and that of the prosthetic limb which he proposes to purchase from the Institute of Spinal Injuries..
2. Taking into account, the present medical condition of the respondent no.1, the application for early hearing is allowed and CM APPL 47495/2022 is taken up for disposal today itself.
CM APPL. 47495/20223. This is an application filed by respondent no. 1 seeking release of a further amount of Rs.4,15,470/- and of Rs.12,02,284/- from the Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.03.2023 15:56:27 amount of Rs. 29,00,000/- deposited by the appellant towards the awarded amount. It is the applicant's case that he has already incurred an expenditure of Rs.4,15,470/- towards his ongoing medical treatment and requires a further sum of Rs.12,02,284/- towards the estimated cost of a prosthetic limb, which he urgently requires to purchase from the Institute of Spinal Injuries.
4. A reply opposing the application has been filed by the appellant wherein except stating that a sum Rs. 29,00,000/- already stands released in favour of the respondent no.1, nothing material has been averred regarding the correctness of the grounds on which release of the amounts is being sought by him.
5. In the light of this submission of the appellant that a sum of Rs.29,00,000/- already stood released in favour of respondent no.1, the ICICI Bank, where the sum of Rs. 29,00,000/- had been deposited by the appellant, was directed to file an affidavit with respect to the amount lying with the bank. The said affidavit has been filed; from a bare perusal of the said affidavit, it is evident that the stand taken by the appellant that a sum of Rs. 29,00,000/- already stood released in favour of respondent no.1 is incorrect. The ICICI Bank has clearly stated that a sum of Rs.5,54,165/- is lying in FDR no. 054710004728 and sum of Rs. 17,48,988/- is lying in FDR no. 054710004729 with a lien having been marked on the two FDRs.
6. In the light of the aforesaid, especially taking into account that the appellant is mainly aggrieved by the quantum of compensation awarded by the learned Tribunal, I am of the view that the respondent no. 1's prayer for release of a sum of Rs.4,15,470/- and Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.03.2023 15:56:27 Rs.12,02,284/- deserves to be allowed. The application is accordingly allowed by directing the General Manager ICICI Bank, ISIC Branch, Vasant Kunj, New Delhi to remit the sum of Rs. 17,48,988/- lying in FDR no. 054710004729, along with accrued interest thereon, in the respondent no.1's Bank account. The details of the respondent no.1's bank account will be furnished to Mr. Vikas Tomar, learned counsel for the ICICI Bank on his mobile no. 9958002005 and his Email- [email protected].
7. The application stands allowed in the aforesaid terms.
REKHA PALLI, J MARCH 15, 2023/al Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:16.03.2023 15:56:27