Ram Bachan vs Mahavir Parshad Sharma & Ors.
2013 Latest Caselaw 1159 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on: 7th March, 2013

+                        MAC.APP. 499/2010


       RAM BACHAN                                      ..... Appellant
                               Through:Mr. S. Shahi, Adv.

                               Versus

       MAHAVIR PARSHAD SHARMA & ORS.    ..... Respondents
                           Through:None


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the impugned Award dated 11.05.2010 whereby the learned Tribunal has awarded a compensation of Rs.1,29,400/- along with interest @ 7.5% p.a. from the date of filing of the petition, i.e., 03.06.2009 till the date of despatch of the notice to the claimant.

2. Vide the instant appeal, the appellant has sought enhancement of the award amount. Vide order dated 07.12.2012, this matter was referred to the Secretary, Delhi High Court Legal Services Committee for pre-sitting Lok Adalat for settlement.

3. Before the Secretary mentioned above, both the parties have mutually agreed to settle the matter for an amount of Rs.4,75,000/- in full and final settlement of all claims in addition to the amount already awarded.

4. I note, the said settlement has been signed by Ms. Ragini Mehrotra, Manager (OIC) for respondent No.3/Insurance Company and the counsels for the appellant and the respondent.

5.In view of the settlement, respondent No.3/Insurance Company is directed to deposit an amount of Rs.4,75,000/- in the name of the appellant in his bank account No. 2006101007613 with Canara Bank, Azadpur Mandi Branch, Delhi within four weeks from today.

6. The appellant has filed an application being CM No. 20383/2012 wherein it is stated that the daughter of the appellant is aged about 20 years and is of marriageable age and the marriage has been fixed. The appellant has no source of income to get her married. He is the only earning member of the family and it has become impossible for him to look after his family members.

7. In view of the above, the Branch Manager of Canara Bank, mentioned above, shall release the amount as per the convenience of the appellant.

8. I here make it clear that if the said amount is not deposited within four weeks from today, there shall be 12% interest on the above amount for the delayed payment till realization.

9. In view of above, the instant appeal is disposed of.

10. A copy of this order be given dasti to the learned counsel for the parties.

CMs No. 13695/2010

Dismissed as infructuous.

SURESH KAIT, J.

MARCH 07, 2013 RS