Delhi High Court
Bimla Uniyal vs Reliance General Insurance Co. Ltd. on 5 December, 2023
Author: Navin Chawla
Bench: Navin Chawla
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 05.12.2023
+ CM(M) 1988/2023
BIMLA UNIYAL ..... Petitioner
Through: Mr.Varun Kathuria, Adv.
(through VC)
versus
RELIANCE GENERAL INSURANCE CO. LTD.
..... Respondent
Through: Mr.Shoumik Mazumdar,
Ms.Urfia Shafiq and
Ms.Bhagyashri, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (ORAL)
1. This petition has been filed challenging the Order dated
20.04.2023 (hereinafter referred to as the Impugned Order) passed by
the learned Motor Accidents Claims Tribunal, South District, Saket
Courts, New Delhi (hereinafter referred to as 'Tribunal') in MACT
No. 80/2010, titled Bimla Uniyal v. Reliance General Insurance
Company Limited, and praying for immediate release of the entire
awarded amount, which is presently invested in the form of Fixed
Deposit Receipts (in short 'FDR'), in favour of the petitioner herein.
2. The above Claim Petition was filed by the petitioner claiming
compensation for the tragic death of the son of the petitioner in a
motor vehicular accident on 22.02.2009. By an Award dated
13.02.2012, the learned Tribunal awarded a compensation of
Rs.5,88,169/- along with interest at the rate of 7.5% per annum in
favour of the petitioner. In an appeal filed by the petitioner, by the
judgment dated 24.11.2017, the compensation amount was enhanced
to a sum of Rs.29,46,000/-. It was further directed as under:
"11. It is directed that the entire enhanced portion of the
award with corresponding interest shall fall to the share
of the first claimant/Bimla Uniyal (mother) only, it to be
released to her in the form of fixed deposit receipt taken
out from a nationalized bank for a period of ten years with
right to draw periodic interest. The insurer is directed to
satisfy the award by requisite deposit with the tribunal
within 30 days making it available to be released to the
claimant."
(Emphasis supplied)
3. On applications filed by the petitioner, the learned Tribunal
released a sum of Rs.10,00,000/- and thereafter another sum of
Rs.8,00,000/- in favour of the petitioner, vide Orders dated 17.05.2018
and 20.02.2020 respectively.
4. The petitioner filed another application on 12.04.23, seeking
release of the balance compensation amount.
5. By way of the Impugned Order, the learned Tribunal directed
release of another sum of Rs.1,00,000/- along with interest in favour
of the petitioner herein.
6. The learned counsel for the petitioner submits that the petitioner
and her husband, both are senior citizens and are suffering from
various ailments. He submits that, therefore, immediate release of the
balance amount of around Rs.18,00,000/-, which is lying in the form
of FDRs, is prayed for.
7. The learned counsel for the respondent, who appears on
advance notice, submits that this would be a matter between the Court
and the petitioner.
8. Keeping in view the overall circumstances including the
direction of this Court contained in the Order dated 24.11.2017 and
the subsequent pre-mature release of sum of Rs.18,00,000/- in favour
of the petitioner, the present petition is disposed of directing that
instead of Rs.1,00,000/-, a sum of Rs.5,00,000/- along with the
interest accrued thereon be released and transferred in the Savings
Account of the petitioner through electronic mode with immediate
effect.
9. The Manager of State Bank of India, District Court, Saket
Branch is directed to comply with this order.
10. The petition is disposed of in the above terms.
NAVIN CHAWLA, J
DECEMBER 5, 2023/ns
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