Full Text
HIGH COURT OF DELHI
MAC APP.1115/2017
BAJAJ ALLIANZ GENERALINSURANCE CO.LTD.
Appellant
Through: Mr.Ankit Chaturvedi,Advocate.
«
Through: Mr.Manish Maini,Advocate for R-1.
ASIM FAROOQ Appellant
11.09.2021 The appellant - Insurance Company in MAC APP No. 1115/2017 has filed an appeal challenging the Award dated 19.09.2017 passed by the learned MACT awarding compensation of Rs. 33,74,197/- along with interest @9% p.a. from date of Claim Petition. Claimant has also filed an appeal bearing MAC APP No.330/2018 for enhancement ofthe amount. In
MAC APP No. 1115/2017, vide order dated 20.12.2017, the Insurance
2021:DHC:4499 Comapny has deposited with the Registrar General of this Court Rs.
12,00,000/- along with interest @ 9% and further the said amount was released to Respondentno.l/Claimant vide orders dated 09.02.2018.
That after comprehensive discussions;it is agreed and settled between the parties that
ORDER
1. That the Insurance Company shall withdraw the Appeal(MAC. APP. No. 1115 / 2017), subject to reduction of an amount ofRs. 2,50,000/- along with interestfrom the total compensation amount as awarded by learned MACT vide Award dated 19.09.2017. Thatthe Claimant/ Respondent No.l,shall now be entitled to a further sum ofRs.18,99,197/- along with interest@9% from the date offiling ofClaim Petition till depositin thefollowing manner Rs.33,74,197/-(Total Award ofMACT) (-) Rs.12,00,000(Amountalreadyreceived) (-) Rs.2,50,000(Settlementarrived) (—) Rs. 25,000(No Faultliabilitysum already paid) TotalEntitlement: Rs. 18,99,197/-+accrued interest@9%p.a.
2. Thatthe Claimant/Injured shall withdraw the enhancement appeal (MAC.APP.No.330/2018),in view ofsettlement arrived in the connected matter. Learned counsel for the Insurance Company also submits that the statutory amount with interest, if any, may be refunded to the Insurance Company. The Insurance Company shall deposit a sum ofRs.18,99,197/- along with interest@9%perannumfromthe date offiling ofthe claim petition till depositofthe settled amount within six weeks fromtoday,failing which,the same shall caiTyinterest@9%per annum forthe delayed period. Learned counsel for the appellant has submitted that his client has taken loan from HDFC,Bajaj Finserv and Standard Chartered to the tune of Rs.38,86,000/- and has to pay huge interest along with monthly instalment. Learned counsel requested forrelease ofthe settled amount. In view ofthe submissions ofthe learned counselfor the claimant,we allow release offull amountto the claimant. Let the Delhi High Court Legal Services Committee release the abovementioned amountto the claimantsubjectto verification. Statutoiy amount ofRs.25,000/- with interest, if any, be refunded to the insurance company. In view ofthe aforesaid,the appeals stand disposed of. RAJ K.VENKA'I'R^AN,ADVOCATE