Iffco Tokio General Insurance Co. Ltd. Vs Sh Sanjay Kumar and Others — Delhi HC (2025) — LawSathi Research

Iffco Tokio General Insurance Co. Ltd. Vs Sh Sanjay Kumar and Others — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of settlement: refund of principal Rs. 5,30,000/- with interest @ 7% p.a. (from date of claim petition till deposit, thereafter at accrued rate) to the appellant Insurance Company; balance deposited amount with accrued interest to be released to Respondents/Claimants Nos. 2 to 7 as per proportions of the award; statutory amount with interest, if any, to be refunded to the Insurance Company by the Registrar General.

Issue for consideration

Whether the compensation of Rs. 16,07,496/- with interest @ 7% p.a. awarded by the Learned MACT under the award dated 20.05.2023 should be reduced, as sought by the appellant insurance company.

Court's answer

In terms of the settlement between counsel, the Learned Tribunal is directed to refund to the Insurance Company the principal amount of Rs. 5,30,000/- along with interest @ 7% p.a. from the date of the claim petition till the date of deposit.

Ratio / Principle

The rest of the amount lying before the Tribunal, along with accrued interest, is to be released to the Respondents/Claimants Nos. 2 to 7 as per the proportions of the award after compliance of all requisite formalities.

Key takeaways

The appellant is entitled to refund of the statutory amount along with interest, if any, and the Learned Registrar General is directed to refund the same to the Insurance Company.ratio¶15

Detailed headnote1 paragraphs

Delhi High Court, Pre-Sitting Lok Adalat (Ms. Justice Shail Jain, Presiding Officer, with Mr. K. Venkatraman, Advocate, Co-Member), by order dated 13.09.2025 disposed of MAC.APP.-388/2023 filed by IFFCO Tokio General Insurance Co. Ltd. seeking reduction of the MACT award dated 20.05.2023 awarding Rs. 16,07,496/- with interest @ 7% p.a. Following settlement arrived at between learned counsel, the Tribunal was directed to refund to the Insurance Company the principal sum of Rs. 5,30,000/- with interest @ 7% p.a. from the date of the claim petition till the date of deposit and thereafter at the accrued rate, while the rest of the deposited amount with accrued interest was to be released to Respondents/Claimants Nos. 2 to 7 as per the proportions of the award after requisite formalities. The Registrar General was directed to refund the statutory amount, with interest if any, to the Insurance Company. The appeal and pending applications stood disposed of in terms of the settlement.

$~25

* IN THE HIGH COURT OF DELHI AT NEW DELHI

PRE SITTING LOK ADALAT

+ MAC.APP.-388/2023 & CM APPL. 42489/2023

IFFCO TOKIO GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Brijesh Bagga. versus SH. SANJAY KUMAR AND OTHERS ..... Respondents Through: Mr. S.N. Parashar and Mr. Palwinder Singh and Mr. S.W. Nomani, Advs. for Resp. No. 1-7.

CORAM: PRE SITTING OF LOK ADALAT HON’BLE MS. JUSTICE SHAIL JAIN (PRESIDING OFFICER)

MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER) O R D E R % 13.09.2025

Appellant insurance company has filed an appeal for reduction of the award dated 20.05.2023 passed by the Learned MACT, awarding a compensation of Rs. 16,07,496/- along with interest @ 7% p.a. from the date of filing of claim petition.

On appeal, the insurance company deposited entire awarded principal amount along with accrued interest in term of the order dated 18.08.2023 passed by this Hon’ble Court before the Tribunal and 25% of the awarded amount was released in favour of the Respondent(s)/Claimant(s).

We have interacted with the learned counsel for the appellant/Respondent, it is agreed between the Ld. Counsel for the parties that out of the principal awarded deposited amount lying before the Tribunal along with the accrued interest, principal amount

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 17/09/2025 at 14:22:16

of Rs. 5,30,000/- along with interest @ 7% p.a from date of claim petition till the date of deposit and thereafter at an accrued rate be refunded to the Insurance Company and rest of the amount lying before the tribunal along with the interest shall go to respondet/claimant(s).

In view of the above, Ld. Tribunal is directed to refund the principal amount of Rs. 5,30,000/- along with interest @ 7% p.a from date of claim petition till the date of deposit and thereafter at an accrued rate to the Insurance company and rest of the amount along with the accrued interest be released to the Respondent(s)/Claimant(s) nos. 2 to 7 as per the proportions of the award after compliance of all the requisite formalities.

Needless to say that the appellant shall be entitled to refund of the statutory amount along with interest, if any and accordingly, Ld. Registrar General is directed to refund the same to the Insurance Company.

In terms of the aforesaid, the present appeal along with pending application (s) stand disposed of with directions with in terms of settlement.

A copy of this order be also sent to the respondent (s)-claimant

(s).

(SHAIL JAIN) PRESIDING OFFICER

K. VENKATRAMAN CO-MEMBER

SEPTEMBER 13, 2025 /kp

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 17/09/2025 at 14:22:16