Nihal Chand and Anr. Vs Oriental Insurance Co. Ltd. & Anr. — Delhi HC (2025) — LawSathi Research

Nihal Chand and Anr. Vs Oriental Insurance Co. Ltd. & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Lump sum enhanced compensation of Rs. 8,00,000/- over and above the Tribunal award as full and final compensation; insurer to deposit the same with the concerned Tribunal within six weeks (failing which 9% p.a. interest on the delayed deposit), to be released to the appellants as per the proportions of the award subject to requisite formalities; appeal and pending application(s) disposed of in terms of the settlement.

Issue for consideration

Whether the appellants are entitled to enhancement of the compensation awarded by the learned MACT under its award dated 06.04.2017 (Rs. 10,70,000/- with interest @ 9% p.a.).

Court's answer

Upon interaction with counsel/parties and due deliberation, it was agreed between the parties that the appellants shall be entitled to lump sum enhanced compensation of Rs. 8,00,000/- over and above the award of the Tribunal as full and final compensation.

Ratio / Principle

The respondent-insurance company is directed to deposit Rs. 8,00,000/- before the concerned Tribunal within six weeks, failing which the delayed deposit shall carry interest @ 9% per annum; the amount is to be released to the appellants as per the proportions of the award subject to fulfilment of all requisite formalities.

Detailed headnote1 paragraphs

National Lok Adalat, High Court of Delhi (Justice Ravinder Dudeja, Presiding Officer, with Mr. K. Venkatraman, Advocate, Co-Member) disposed of MAC.APP.-274/2018 (with MAC.APP. 498/2017), an appeal by Nihal Chand and Anr for enhancement of the MACT award dated 06.04.2017 of Rs. 10,70,000/- with interest @ 9% p.a., through party settlement: the appellants were granted a lump sum enhanced compensation of Rs. 8,00,000/- over and above the Tribunal award as full and final compensation. The respondent-insurer (Oriental Insurance Co Ltd) was directed to deposit Rs. 8,00,000/- with the concerned Tribunal within six weeks, failing which the delayed deposit would carry interest @ 9% per annum, with release to the appellants as per the proportions of the award subject to fulfilment of requisite formalities. The appeal, along with pending application(s), was disposed of with directions in terms of the settlement.

$~27

IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT

MAC.APP.-274/2018 WITH MAC.APP. 498/2017

NIHAL CHAND AND ANR ..... Appellants Through: Mr. Navneet Goyal, Advocate. versus ORIENTAL INSURANCE CO LTD & ANR ..... Respondents Through: Mr. A.K.Soni, Mr. Pavan Kumar Vashisth, Mr. Akarsh Deepak, Advocates.

CORAM: NATIONAL LOK ADALAT HON’BLE MR. JUSTICE RAVINDER DUDEJA MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER) O R D E R % 08.03.2025

Appellant(s) has filed an appeal for enhancement of the award dated 06.04.2017 passed by the Learned MACT, awarding a compensation of Rs. 10,70,000/- along with interest @ 9% p.a. from the date of DAR.

We have interacted with the learned Counsel/parties concerned. Apropos such interaction and due deliberation, it is agreed between the parties that appellant shall be entitled to lump sum enhanced compensation of Rs. 8,00,000/- over and above the award of the Tribunal as full and final compensation.

In view of the above, respondent-insurance company is directed to deposit Rs. 8,00,000/- before the concerned Tribunal within a period of six weeks, failing which the same shall carry interest @ 9% per annum on the delayed deposit. The said amount be directed to be released to the appellants as per proportions of the award subject to fulfilment of all the requisite formalities.

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:48:24

The present appeal alongwith the pending application(s), if any, is disposed of with directions in terms of the foregoing settlement.

A copy of this order be sent to concerned Ld. Tribunal with LCR, if requisitioned and received.

(RAVINDER DUDEJA) PRESIDING OFFICER

K. VENKATRAMAN CO-MEMBER

MARCH 08, 2025/vd

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 11:48:24