Delhi High Court
M/S The United India Insurance Co ... vs Vijay @ Chhotiya Lal & Ors on 10 November, 2021
$~8 & 12
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.11.2021
+ MAC.APP. 217/2021
VIJAY ALIAS CHHOTIYA LAL ..... Appellant
versus
KRISHAN KUMAR AND ORS ..... Respondents
+ MAC.APP. 548/2018 & CM APPL. 32038/2021
M/S THE UNITED INDIA INSURANCE CO LTD.. Appellant
versus
VIJAY @ CHHOTIYA LAL & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Pankaj Gupta, Advocate for appellant in
MAC.APP.217/2021 and respondent No.1 in
MAC.APP.548/2018.
For the Respondent: Mr. Sankar N.Sinha, Advocate along with Ms.
Aparajita Mukherjee, Deputy Manager for
appellant in MAC.APP.548/2018.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. MAC.APP.548/2018 is an appeal by the Insurance Company
Signature Not Verified
MAC.APP.217/2021 and 548/2018 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.11.2021
Signing Date:11.11.2021 08:32:16 21:11
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
impugning the award dated 13.10.2017 read with order dated
05.02.2018 whereby the claim petition under Section 166 and 140 of
the Motor Vehicles Act was allowed and compensation awarded to
Mr. Vijay @ Chhotiya Lal who was the injured in the accident.
3. MAC.APP.217/2021 has been filed by Vijay @ Chhotiya Lal
seeking enhancement of the awarded amount.
4. On the request of the parties matters were referred to the
Permanent Lok Adalat for the purposes of exploring the possibility of
a settlement.
5. Learned counsel appearing for the claimant as well as Mr.
S.N.Sinha, Advocate appearing for the Insurance Company under
instructions from Ms. Aparajita Mukherjee, Deputy Manager submits
that the disputes have been settled in Pre Lok Adalat and an
enhancement has been agreed to. It is contended that over and above
the awarded amount by the impugned award the insurance company
has agreed to pay a consolidated sum of Rs.15,10,000/- to the
claimant in full and final settlement of the entire claim amount.
6. They pray that instead of awaiting the formal recording of
settlement before the Lok Adalat which is scheduled on 11.12.2021,
since the claimant is in urgent need of money, the appeals be disposed
of in terms of the settlement between the parties.
Signature Not Verified
MAC.APP.217/2021 and 548/2018 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.11.2021
Signing Date:11.11.2021 08:32:16 21:11
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. In view of the above, with the consent of the parties, the appeals
are disposed of and the awarded amount awarded by the impugned
award dated 13.10.2017 read with order dated 05.02.2018 is enhanced
by a consolidated amount of Rs.15,10,000/- which is inclusive of
interest.
8. The award dated 13.10.2017 read with order dated 05.02.2018
directed release of the amounts partly on monthly basis. The claimant
has filed an application seeking pre release of the amount on the
ground that he had to sell his house for the purposes of repayment of
the amount borrowed from friends and family for meeting the medical
expenses and had shifted into a rented accommodation.
9. It is stated that he has now entered into an Agreement to
Purchase a plot in Faridabad and paid a sum of Rs. 1,00,000/- as
advance and the balance sum of Rs. 10,00,000/- is to be paid and
thereafter construction has to be raised on the said plot. It is prayed
that the earlier awarded amount be directed to be pre released in his
favour.
10. In view of the fact that the insurance company has agreed to an
enhancement of a consolidated sum of Rs.15,10,000/-, I am of the
view that the purpose of the claimant would be served in case instead
of release of the earlier awarded amount, the enhanced amount is
disbursed to the claimant.
Signature Not Verified
MAC.APP.217/2021 and 548/2018 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.11.2021
Signing Date:11.11.2021 08:32:16 21:11
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
11. Accordingly, it is directed that the insurance company shall
deposit the said enhanced amount of Rs. 15,10,000/- with the Tribunal
within a period of four weeks. On deposit of the said amount the
Tribunal shall disburse the sale consideration amount directly to the
seller of the property, after verifying the title of the seller. Thereafter
the claimant shall file before the Tribunal, a certified copy of the
registered deed of title.
12. The remaining enhanced amount shall be disbursed to the
claimant in staggered form to enable him to raise construction on the
subject property.
13. In so far as the amount deposited in terms of the original award
is concerned, the same shall continue to be disbursed in accordance
with order dated 04.06.2021.
14. The appeals as well as the application are disposed of in the
above terms.
15. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
NOVEMBER 10, 2021/rk
Signature Not Verified
MAC.APP.217/2021 and 548/2018 Digitally Signed 4
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.11.2021
Signing Date:11.11.2021 08:32:16 21:11
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
