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Heera Mani Majhi v. Sanjay Shivhari and Anr. (Tata Aig General Insurance Co. Ltd.)

Delhi HC8 Mar 2025MAC.APP./497/2023

Case brief

AI extract

What is this about?

Heera Mani Majhi v. Sanjay Shivhari & Anr. (Tata AIG General Insurance Co Ltd.), MAC.APP.-497/2023, High Court of Delhi, National Lok Adalat, order dated 08.03.2025 (Justice Ravinder Dudeja with K. Venkatraman, Co-Member). Motor accident compensation enhancement appeal; settled at additional Rs. 2,05,000/- over MACT award of Rs. 3,91,000/- plus 9% interest; deposit directed within six weeks with default interest @ 9% p.a.; consensual disposal in Lok Adalat.

What did the court decide?

Enhanced lump sum compensation of Rs. 2,05,000/- over and above the Tribunal award, payable by the respondent-insurance company within six weeks (failing which 9% p.a. interest on the delayed deposit); appeal and pending applications disposed of in terms of the settlement. ¶12

Heera Mani Majhi Vs Sanjay Shivhari and Anr. (Tata Aig General Insurance Co. Ltd.) — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant is entitled to enhancement of compensation over and above the award dated 27.08.2022 of the learned MACT.

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Court's answer

On interaction and deliberation, the parties agreed that the appellant shall be entitled to a lump sum enhanced compensation of Rs. 2,05,000/- over and above the Tribunal award as full and final compensation; recorded as the operative basis of disposal (consensual Lok Adalat settlement, not a merits adjudication).

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Ratio / Principle

The respondent-insurance company was directed to deposit Rs. 2,05,000/- before the concerned Tribunal within six weeks, failing which the delayed deposit shall carry interest @ 9% per annum, the amount to be released to the appellant subject to requisite formalities.

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Detailed headnote1 paragraphs

National Lok Adalat, High Court of Delhi (order dated 08.03.2025): In a motor accident claims appeal (MAC.APP.-497/2023) filed solely for enhancement of the learned MACT's award dated 27.08.2022 of Rs. 3,91,000/- with interest @ 9% p.a., the bench interacted with counsel/parties and, upon deliberation, recorded a settlement whereby the appellant was held entitled to a lump sum enhanced compensation of Rs. 2,05,000/- over and above the Tribunal award, as full and final compensation. The respondent-insurance company was directed to deposit the said sum before the concerned Tribunal within six weeks, failing which the delayed deposit was to carry interest @ 9% per annum, with release to the appellant subject to formalities. The appeal and pending applications were disposed of in terms of the settlement. Disposal is consensual, not an adjudication on merits; limited precedential value.

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

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MAC.APP.-497/2023 CM APPL. 57882/2023 HEERA MANI MAJHI ..... Appellant Through: Mr. Pankaj Gupta, Advocate. versus

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SANJAY SHIVHARI AND ANR (TATA AIG GENERAL INSURANCE CO LTD.) ..... Respondent Through: Ms. Vandana Kahlon, Mr. Rudra Kahlon, Advocates.

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CORAM: NATIONAL LOK ADALAT HON’BLE MR. JUSTICE RAVINDER DUDEJA MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

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O R D E R

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% 08.03.2025

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Appellant has filed an appeal for enhancement of the award dated 27.08.2022 passed by the learned MACT awarding compensation of Rs. 3,91,000/- along with interest @ 9% p.a. from the date of filing of the claim petition.

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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. 2,05,000/- over and above the award of the Tribunal as full and final compensation.

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In view of the above, respondent-insurance company is directed to deposit Rs. 2,05,000/- 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 appellant subject to fulfilment of all the requisite formalities.

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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

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

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

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(RAVINDER DUDEJA) PRESIDING OFFICER

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K. VENKATRAMAN CO-MEMBER

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MARCH 08, 2025/vd

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