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$-21-22 HIGH COURT OF DELHI
MAC.APP.397/2016
NATIONALINSURANCE CO LTD Appellants
Through Mr.S. Mazumdar,Adv. with Mr.Sunil Singh,Asstt. Manager.
$-21-22 HIGH COURT OF DELHI
MAC.APP.397/2016
NATIONALINSURANCE CO LTD Appellants
Through Mr.S. Mazumdar,Adv. with Mr.Sunil Singh,Asstt. Manager.
VERSUS
ANITA & ORS Respondents
Through Mr.Manish Maini,Adv.for R-1 to 3
Through Mr.Manish Maini,Adv.for R-1 to 3
MAC.APP.348/2017
SANNA DEVI Appellant
Through Mr.Manish Mani,Adv.
SANNA DEVI Appellant
Through Mr.Manish Mani,Adv.
VERSUS
RAVI SATIJA & ORS Respondents
Through Mr.S. Mazumdar,Adv.with Mr.Sunil Singh,Asstt. Manager.
Mr. Manish Maini,Adv.for R-4& 5.
Through Mr.S. Mazumdar,Adv.with Mr.Sunil Singh,Asstt. Manager.
Mr. Manish Maini,Adv.for R-4& 5.
CORAM:
HON'BLE MR.JUSTICE A.K.CHAWLA MR.K.VENKATRAMAN(CO-MEMBER)
09.03.2019 Parties have mutually agreed to resolve the subjeet matter and there under, the respondent Insuranee company has agreed to pay a sum of
Rs.1,90,000/-(Rupees One Lac Ninety Thousand only)over and above the amount payable in tenns ofthe impugned award as full and final settlement.
Today, the enhanced amount has come to be deposited by the insurance company by way ofcheque bearing No.325317 dated 11.02.2019
2019:DHC:7560 amounting to Rs.1,90,000/- drawn on Corporation Bank, Laxmi Nagar, Delhi favouring the claimant Ms.Anita. 10% ofthe enhanced amountshall be released to the claimantand the remaining amountshall be keptin Fixed
Deposit for a period offive years in a Nationalized Bank. However,the interest accruing on such amount may bereleased to the claimant as may be beneficialto him on monthly or yearly basis.
Parties have also mutually agreed that the claimant shall be at liberty to seek release ofthe amounts lying deposited with MACT in eonsonanee with the terms ofthe award.
The impugned award stands modified to thateffect. Consequently,the appeals and the pending applications shall stand disposed of.
The statutory amount deposited for entertainment of the appeal alongwith interest,ifany,shall be refunded to the insurance company r
(A.K.CHAWLA)
PRESIDING OFFICER
(K.VEN/KATRAMAN)' CO-MEMBER MARCH 09,2019 re $-21
HIGH COURT OF DELHI
MAC.APP.348/2017
SANNA DEVI Appellant
Through: Mr. Manish Maini, Advocate for Appellant and Respondents No.4and 5.
09.03.2019 Parties have mutually agreed to resolve the subjeet matter and there under, the respondent Insuranee company has agreed to pay a sum of
Rs.1,90,000/-(Rupees One Lac Ninety Thousand only)over and above the amount payable in tenns ofthe impugned award as full and final settlement.
Today, the enhanced amount has come to be deposited by the insurance company by way ofcheque bearing No.325317 dated 11.02.2019
2019:DHC:7560 amounting to Rs.1,90,000/- drawn on Corporation Bank, Laxmi Nagar, Delhi favouring the claimant Ms.Anita. 10% ofthe enhanced amountshall be released to the claimantand the remaining amountshall be keptin Fixed
Deposit for a period offive years in a Nationalized Bank. However,the interest accruing on such amount may bereleased to the claimant as may be beneficialto him on monthly or yearly basis.
Parties have also mutually agreed that the claimant shall be at liberty to seek release ofthe amounts lying deposited with MACT in eonsonanee with the terms ofthe award.
The impugned award stands modified to thateffect. Consequently,the appeals and the pending applications shall stand disposed of.
The statutory amount deposited for entertainment of the appeal alongwith interest,ifany,shall be refunded to the insurance company r
(A.K.CHAWLA)
PRESIDING OFFICER
(K.VEN/KATRAMAN)' CO-MEMBER MARCH 09,2019 re $-21
HIGH COURT OF DELHI
MAC.APP.348/2017
SANNA DEVI Appellant
Through: Mr. Manish Maini, Advocate for Appellant and Respondents No.4and 5.
VERSUS
RAVI SATIJA & ORS (NATIONAL INSURANCE COMPANY
LTD) Respondents
Through: Mr. Pankaj Seth, Advocate for Insurance
Company.
LTD) Respondents
Through: Mr. Pankaj Seth, Advocate for Insurance
Company.
CORAM:
HON'BLE MR.JUSTICE NAJMIWAZIRI
03.05.2019 CM No.21128/2019(for release ofamount)
Issue notice.
Mr. Seth, the learned counsel accepts notice on behalf of the
Insurance Company.
With consent of the parties, the application is taken up for final disposal.
It is stated that the settlement amount of Rs.1,90,000/-, over and above the amounts payable in terms ofthe impugned Award,towards full and final settlement ofall claims had been agreed by the insurance company and the said amount lies deposited in this Court. This application seeks distribution of the said amount between the class - I legal heirs of the
1'=' deceased. The learned counsel for the applicants states that the appellant, respondents no. 4 and 5 are the mother, widow and son of the deceased respectively. He submits that these are the only class -I legal heirs ofthe deceased. There is no objection to the reliefsought.
The application is allowed.
In the circumstances, the amount of Rs.1,90,000/-, which has been deposited in the Court by the insurance company, in terms ofthe settlement before the Lok Adalat, shall be apportioned between the applicants-legal heirs ofthe deceased, in the same proportion, as has been specified in the
Award. The share ofrespondent no.5-a minor, shall be kept in an FDR,to be renewed automatically, and shares of the widow and mother of the deceased shall be released to them.
The application stands disposed-offin terms ofthe above.
I
NAJMI
MAY 03,2019 sb tZ IRI,J.
03.05.2019 CM No.21128/2019(for release ofamount)
Issue notice.
Mr. Seth, the learned counsel accepts notice on behalf of the
Insurance Company.
With consent of the parties, the application is taken up for final disposal.
It is stated that the settlement amount of Rs.1,90,000/-, over and above the amounts payable in terms ofthe impugned Award,towards full and final settlement ofall claims had been agreed by the insurance company and the said amount lies deposited in this Court. This application seeks distribution of the said amount between the class - I legal heirs of the
1'=' deceased. The learned counsel for the applicants states that the appellant, respondents no. 4 and 5 are the mother, widow and son of the deceased respectively. He submits that these are the only class -I legal heirs ofthe deceased. There is no objection to the reliefsought.
The application is allowed.
In the circumstances, the amount of Rs.1,90,000/-, which has been deposited in the Court by the insurance company, in terms ofthe settlement before the Lok Adalat, shall be apportioned between the applicants-legal heirs ofthe deceased, in the same proportion, as has been specified in the
Award. The share ofrespondent no.5-a minor, shall be kept in an FDR,to be renewed automatically, and shares of the widow and mother of the deceased shall be released to them.
The application stands disposed-offin terms ofthe above.
I
NAJMI
MAY 03,2019 sb tZ IRI,J.
JUDGMENT