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Sbi General Insurance Company Ltd vs Rekha Gupta & Anr on 2 March, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                                                           Digitally Signed By:DINESH
                                                                                           SINGH NAYAL
                                                                                           Signing Date:03.03.2021 18:16:41

                                $~1
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +            CM(M) 597/2020 & CM APPL. 30157/2020
                                      SBI GENERAL INSURANCE COMPANY LTD. ..... Petitioner
                                                    Through: Mr. Sameer Nandwani, Advocate
                                                    versus

                                      REKHA GUPTA & ANR.                        ..... Respondents
                                                     Through: Mr. Pratap Singh, Advocate
                                      CORAM:
                                      JUSTICE PRATHIBA M. SINGH
                                               ORDER

% 02.03.2021

1. This hearing has been done through video conferencing.

2. The present petition has been filed challenging the order dated 26th February 2020, passed by the Motor Accident Claims Tribunal (East) (hereinafter, "MACT") Karkardooma in MAC No. 495/2019. The question that arises in the present petition is as to whether an interim award can be passed by the MACT on the basis of an offer made by the Insurance Company.

3. Ld. counsel for the Petitioner submits that such an order being passed by the MACT would be in the teeth of the order passed by the ld. Single Judge of this Court in MAC. Appeal No. 940/2019, titled Bajaj Allianz General Insurance Company Ltd. v. Ashok Kumar and Ors.

4. On the other hand, ld. counsel for the Respondents' submits that the offer made by the Insurance Company can be considered as an admission under Order XII Rule 6 CPC.

5. Parties to file their short synopsis along with the judgments which they rely upon before the next date of hearing.

Digitally Signed By:DINESH SINGH NAYAL Signing Date:03.03.2021 18:16:41

6. List on 28th July, 2021. Interim order already granted to continue till the next date.

7. It is made clear that there is no stay of the proceedings before the MACT Court. The trial shall continue before the MACT Court and the Plaintiffs shall now lead their evidence in the matter.

PRATHIBA M. SINGH, J.

MARCH 2, 2021/mw/Ak Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:03.03.2021 16:56