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\\ $-7 & $-6 HIGH COURT OF DELHI
MAC.APP. 905/2011
SUBHASH CHAND JAIN Appellant
Through: Mr. Sumit Kr. Khatri, Mr. D.K. Sharma and Ms. Rubi Chauhan, Advs.
Through; Ms. Neerja Sachdeva, Adv. for R2 withMr. Shyama Charan Vats, Assistant Manager
(Legal) for Insurance Company.
HDFC ERGO GENERAL INSURANCE CO. LTD. Appellant
Through: Ms. Neerja Sachdeva, Adv. with Mr. Shyama CharanVats, Assistant Manager
(Legal) for Insurance Company.
01.03.2013
ORDER
1. Ld. Counsels appearing on behalf of the parties have jointly stated that in both the appeals noted above, a settlement has been arrived at. 2013:DHC:8488 Therefore, both the appellants wish to withdraw the instant appeals.
2. As per the settlement as agreed by the parties that as per the order dated 18.05.2011, the Second Party i.e. M/s. HDFC ERGO General Insurance Co. Ltd. is ready and willing to pay / release the amount to the First Party i.e. Subhash Chand Jain, which amount has been deposited by the Second Party with Id. Tribunal in Appeal No. 806/2011.
3. It was further agreed that Second Party would further pay a total sum of Rs.6,75,000/- as full and final settlement besides the amount deposited with the Id. Tribunal as noted above.
4. It was further agreed between both the parties that after the final settlement as noted above, both the parties shall withdraw their respective cases / appeals filed by them.
5. Also agreed between both the parties that amount of Rs.6,75,000/shall be paid in favour ofthe First Party by the Second Party within 30 days from the execution of the settlement.
6. Ld. Counsels appearing on behalf of the parties have submitted that since the matter has been resolved, therefore, they should be permitted to withdraw their respective appeals.
7. Settlement arrived at between the parties is taken on record.
8. Pursuant to order dated 06.09.2011, HDFC ERGO Gen. Insurance Co. Ltd. has deposited the entire amount with Registrar General ofthis Court on 30.09.2011 vide diary no. 22882.
9. Accordingly, in view of the agreement. Registrar General of this Court is directed to release the amount as per the direction passed by the Id. Tribunal vide award dated 18.05.2011 on taking steps by the claimants.
10. Consequently, statutory amount of Rs.25,000/- deposited by the.r":
V. HDFC ERGO Gen. Insurance Co. Ltd. in MAC. NO. 806/2011 shall also be released in favour ofthe Insurance Company.
11. Insurance Co. is further directed to pay the amount of Rs.6,75,000/within 30 days from today in favour of the claimant Subhash Chand Jain, S/o, Late. Sh. Jiya Lai.
12. In view ofthe above, instant appeals stand disposed of as settled.
13. Dasti to both the parties. CM. NO. 12112/2012 in MAC.A. 806/2011 In view ofthe above, instant application has become infructuous and disposed ofas such.
SURESH KAIT, J MARCH 01, 2013 ^ d£ jg ' ' U ^ -Mips P- _