Delhi High Court
National Insurance Company Ltd. vs Parwana & Ors. on 23 July, 2013
Author: Suresh Kait
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd July, 2013
+ MAC. APPEAL No. 841/2012
NATIONAL INSURANCE COMPANY LTD. ..... Appellant
Through: Ms.Shantha Devi Raman and
Mr.Sanjeet Ranjan, Advocates.
Versus
PARWANA & ORS. ..... Respondents
Through: Mr. S.N. Parashar, Advocate for
Respondent Nos. 1 to 4.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The present appeal is directed against the impugned award dated
02.06.2012, whereby the learned Tribunal has granted Rs.85,000/- as
counsel fee.
2. In addition to above, the learned Tribunal has passed stricture against
Sh. R.P. Sharma, Deputy Manager of the appellant/Insurance Company.
3. As regards the issue of counsel fee is concerned, the same has been
decided by this Court in the case of ICICI Vs. Kanti Devi (2012) ILR 6
Delhi 711. In view of the dictum of this court, there is no provision in
Motor Vehicles Act to grant counsel's fee, therefore, the Ld. Tribunal has no
power to grant the same.
4. While deciding the issue No.2, it is recorded by the learned Tribunal
that approach of the Insurance Company is different from the settled law,
while proposing the legal offer. They do not include the future prospects.
5. Hence, on this issue, the learned Tribunal has recorded displeasure
against the conduct of Sh.R.P.Sharma, Deputy Manager in CR Division of
the appellant/Insurance Company.
6. However, the appellant/Insurance Company did not want to take any
action against the said officer for the reason, while deciding the claim
petition, the learned Tribunal also has not considered any amount towards
future prospects.
7. Be that as it may, the award has been passed and the same has not
been challenged by the respondents/claimants, it seems they are satisfied
with the award.
The appellant has deposited the award amount (less Lawyer's fee)
only. In view of the dictum in Kanti Devi (Supra), they need not deposit the
Lawyer's fee. Accordingly, order on Lawyer's fee is set aside.
8. So far as the stricture passed against the aforesaid officer is
concerned, I expunge the same and that will not come in career of the said
officer.
9. In view of the above, the instant appeal is disposed of.
10. Pursuant to order dated 08.03.2013, the entire awarded amount along
with up-to-date interest (less lawyer's fee) has been deposited with the
Registrar General of this Court. On that date, 50% of the awarded amount
was directed to be released in favour of the respondents/claimants.
11. Since the appeal has been disposed of, the Registrar General of this
Court is directed to release the balance deposited amount with upto date
interest in favour of the respondents/claimants in terms of the order dated
02.06.2012 passed by the learned Tribunal on taking steps by them.
12. Consequently, the statutory amount be also released in favour of the
appellant/Insurance Company.
SURESH KAIT, J.
JULY 23, 2013
Sb/jg
