Oriental Insurance Co. Ltd. vs Master Amit Kumar & Ors.
2013 Latest Caselaw 5112 Del

$~38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Judgment delivered on: 7th November, 2013

+                        MAC.APP. No.428/2012

    ORIENTAL INSURANCE CO. LTD.                      ..... Appellant
                  Represented by: Mr.Amit Gaur and Mr. Pradeep
                                  Gaur, Advocates.
                  Versus
    MASTER AMIT KUMAR & ORS.                    ..... Respondents
                  Represented by: Mr.S.N.Parashar, Advocate
                                  for Respondent No.1.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC.APP. No.428/2012

1. The present appeal is directed against the impugned award dated 18.02.2012, whereby while deciding the claim petition, the learned Tribunal has awarded a sum of Rs.7,000/- as counsel fee.

2. Learned counsel for the appellant/Insurance Company submits that similar issue came up before this Court in the case of ICICI Lombard General Insurance Co. Ltd. Vs. Kanti Devi & Ors. decided on 30.07.2012, wherein held that the order directing payment of counsel's fee was illegal and consequently the said order qua the counsel fee was set aside.

3. Learned counsel for the respondent No.1/claimant submits that he has no objection if the counsel fee is deducted from the awarded amount.

4. Hence, keeping in view the dictum of Kanti Devi (supra), I hereby set aside the impugned order dated 18.02.2012 so far as it relates to grant of counsel fee.

5. Vide order dated 23.04.2012, while granting stay, this Court directed the appellant/Insurance Company to deposit the entire awarded amount alongwith upto date interest with the Registrar General of this Court. It was further directed that the deposited amount less counsel fee be released in favour of the respondent No.1/claimant, subject to furnishing a personal bond. Thereafter, vide order dated 12.09.2012, the awarded amount was released in favour of the respondent No.1/claimant in terms of the aforesaid order dated 23.04.2012.

6. Since, impugned award dated 18.02.2012 is set aside qua the counsel fee, therefore, the Registrar General of this Court is directed to release an amount of Rs.7,000/- with interest accrued thereon and the statutory amount as well in favour of the appellant/Insurance Company.

7. The appeal is allowed on the above terms.

CM No.7200/2012 (for stay)

With the dismissal of the appeal itself, the instant application has become infructuous and same is dismissed accordingly.

SURESH KAIT, J.

NOVEMBER 07, 2013 sb