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2018 DAILYLAW 3695 (DEL)

THE ORIENTAL INSURANCE CO LTD v. NEELAM SETHI & ORS

MAC.APP./578/2018 · 2026-05-09

Vimal Kumar Yadav

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP.-578/2018, CM.APP.25639/2018, CM.APP.1408/2021 & CM.APP.2694/2021 THE ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. A. K. Soni and Mr. Pavan Kumar, Advs. versus NEELAM SETHI & ORS ..... Respondents Through: Mr. Shekhar Aggarwal, Advocate for R-2 and 5. CORAM: HON’BLE MR. JUSTICE VIMAL KUMAR YADAV (PRESIDING OFFICER) MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER) O R D E R % 09.05.2026 Appellant Insurance Company has filed an appeal for reduction of the Award dated 24.04.2018 passed by the Learned MACT, Awarding a compensation of Rs. 12,51,000/- along with interest @ 9% p.a. from the date of filing of claim petition. On appeal, the Insurance Company deposited entire Awarded principal amount along with accrued interest in term of the order dated 02.07.2018 passed by this Hon’ble High Court Court. Respondent/claimant has also filed CM APPL. 2694/2021(CROSS OBJ.) for enhancement of the Award. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2026 at 12:14:46 After comprehensive discussions, it is agreed between the claimant(s) shall get enhanced lump sum compensations of Rs. 7,00,000/- over and above the Award of the Tribunal as full and final compensations of the subject matter of the appeal and Cross Objection. Learned counsel for the Respondent–claimant no.2 and 5 has submitted that respondent no.1 Neelam Sethi has expired during the pendency of the Appeal and the same has been reflected in the Order dated 16.05.2024 vide which impleadment of legal heirs of respondent no.1 was allowed in C.M. No.22554/2023. Learned counsel for the Respondent no.2 and 5 submits that the share of respondent no.1 Neelam Sethi be released in equal proportion to respondent no.2 and 5. Statement of learned counsel for the Respondent no.2 and 5 is taken on record. The Insurance Company is directed to deposit the sum of Rs.7,00,000/- before the concerned Tribunal within a period of six weeks from today failing which the same shall carry interest @ 9% per annum on the delayed deposit. It is further directed that the deposited amount be released in terms of the settlement arrived at between the parties recorded today. Accordingly directions are issued to release the unreleased deposited amount along with the interest, lump sump enhanced amount of Rs.7,00,000/- as well as share of Respondent no.1 Neelam Sethi, also be released in favour of Respondent no.2 and Respondent no.5 in equal proportion, subject to compliance of all the requisite formalities. Statutory amount with interest if any, be refunded to the Insurance Company. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2026 at 12:14:46 In terms of the aforesaid, the present appeal along with pending application (s) stand disposed of. A copy of this order be sent to the concerned learned Tribunal with LCR, if already received. (VIMAL KUMAR YADAV) PRESIDING OFFICER K. VENKATRAMAN CO- MEMBER MAY 09, 2026/ps/bj This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/05/2026 at 12:14:46