Delhi High Court
National Insurance Company vs Heera Lal on 24 January, 2014
Author: Suresh Kait
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24th January, 2014
+ MAC.APP. 1069/2012
NATIONAL INSURANCE COMPANY ..... Appellant
Represented by: Ms. Archana Gaur, Adv.
versus
HEERA LAL ..... Respondent
Represented by: Mr. Hari Narayan Takkar, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award
dated 04.07.2012, whereby Ld. Tribunal has awarded compensation of
Rs.1,42,000/- with interest @ 12% per annum from the date of institution of
the petition, i.e., 22.01.2009 till realization of the amount.
2. Ld. Tribunal has further directed to pay Rs.25,000/- towards lawyer's
fee and Rs.5,000/- towards out of pocket expenses.
3. The appellant is aggrieved with the interest @ 12% per annum and an
amount of Rs.25,000/- towards lawyer's fee and Rs.5,000/- towards out of
pocket expenses.
4. On the issue of interest amount, ld. Counsels appearing on behalf of
the parties have no objection if the interest is reduced from 12% to 9%.
5. It is ordered accordingly.
6. On the issue of lawyer's fee and out of pocket expenses, this court has
already given its opinion in the case of ICICI Lombard General Insurance
Co. Ltd. Vs. Kanti Devi & Ors., MAC.A. 645/2012 decided on 30.07.2012,
whereby, it is held that the Tribunal has no power to grant lawyer's fee and
out of pocket expenses.
7. Accordingly, impugned order dated 04.07.2012 passed by Ld.
Tribunal is hereby set aside qua the interest @ 12% per annum and lawyer's
fee and out of pocket expenses.
8. Ld. Counsel appearing on behalf of the appellant has informed this
court that the award amount with interest had already been attached by the
execution court and in addition, pursuant to order dated 12.10.2012 passed
by this court, 50% of the award amount was deposited with the UCO Bank,
Delhi High Court Branch, New Delhi.
9. In view of above, execution court is directed to release the
compensation amount in favour of the respondents/claimants with interest @
9% per annum w.e.f 22.01.2009, till the amount is released in favour of the
claimants. The excess amount shall be released in favour of the appellant.
10. Further directed, the amount of Rs.25,000/- granted towards lawyer's
fee and Rs.5,000/- towards out of pocket expenses with proportionate
interest, if any, shall be refunded to the appellant.
11. Branch Manager, UCO Bank, Delhi High Court Branch is directed to
release the deposited amount pursuant to order dated 12.10.2012 with
interest accrued thereon in favour of the appellant.
12. Registry of this court is directed to release the statutory amount in
favour of the appellant.
13. In view of above, appeal stands disposed of.
14. Dasti to both the parties.
CM. NO. 16934/2012
With the disposal of the instant appeal, instant application has become
infructuous and disposed of as such.
SURESH KAIT, J
JANUARY 24, 2014
jg
