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2025 DAILYLAW 17547 (DEL)

GUDDI & ORS v. MOHAN SHARMA & ORS (IFFCO TOKIO GENERAL INSURANCE CO LTD)

MAC.APP./635/2019 · 2025-01-17

Neena Bansal Krishna

body2025

Judgment text

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$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 635/2019 GUDDI & ORS .....Appellants Through: Mr. Manish Maini and Ms. Aastha Chauhan, Advocates. versus MOHAN SHARMA & ORS (IFFCO TOKIO GENERAL INSURANCE CO LTD) .....Respondents Through: Ms. Rhea Duggal for Mr. Brijesh Bagga, Advocates. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 27.03.2025 CM APPL. 18079/2025 [Directions] 1. This is an Application filed by the Appellants seeking clarification/directions in a matter which was disposed of on 17.01.2025 by a Coordinate Bench of this Court, wherein the compensation awarded to the Appellants was enhanced to Rs.13,17,000/-. It was further stated therein that the amount was to be disbursed as per the Award. 2. Learned Counsel for the Appellants submits that the Award dated 24.12.2018 [hereinafter referred to as “Original Award”] passed by the learned Trial Court, had directed payment of Rs.7,49,000/- along with interest at the rate of 9% per annum thereon to the Appellants. 3. It is submitted that the learned Trial Court had in the Original Award directed that Rs.2,00,000/- each be paid to the parents of the deceased 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 01/04/2025 at 14:37:56 (Appellant Nos.2 and 3) while the balance amount was to be paid to the widow of the deceased (Appellant No.1). 3.1 It was further directed that of the Rs.2,00,000/- to be paid to the Appellants Nos.2 and 3, an amount of Rs.50,000/- each was to be released to them immediately, while the remaining was to be kept in their names in 24 FDRs. 3.2 The release, qua Appellant No.1 was to be Rs.1,00,000/- immediately and the remaining in 48 equal FDRs. It is apposite to extract Paragraph 24 of the Original Award in this behalf: “… Keeping in view the facts and circumstances of the case, on realization, an amount of Rs.2,00,000/- each be given to petitioners namely Smt. Laxmi and Sh. Tuhi Ram who are parents of deceased and from the same an amount of Rs.50,000/- each be released to them in their savings bank a/c no. 7283000100099863 (in the name of Smt. Laxmi) with PNB, Station Road Branch, Hindaun City, Rajasthan and in saving bank a/c no. 61196508469 (in the name of Sh. Tuhi Ram) with State Bank of Bikaner and Jaipur, Suroth, Karauli Branch, Rajasthan as per rules i.e. the branch near their place of residence (as mentioned in statement recorded under clause 27 MCTAP and remaining amount be kept in their names in 24 FDRs of equal amount for a period of one month to 24 months with cumulative interest without the facility of advance, loan and premature withdrawal without the prior permission of the Tribunal. Remaining amount be given to Smt. Guddi who is widow of deceased, out of which an amount of Rs. 1,00,000/- be released to her in her savings bank account a/c no. 7283000100099881 with PNB, Station Road, Hindaun City, Rajasthan as per rules i.e. the branch near their place of residence (as mentioned in statement recorded under clause 27 MCTAP) and remaining amount be kept in his name in 48 FDRs of equal amount for a period of one month to 48 months with cumulative interest without the facility of advance, loan and premature withdrawal without the prior permission of the Tribunal. [Emphasis supplied] 4. Given the fact that this Court by its judgment dated 17.01.2025 has enhanced the awarded amount to Rs.13,17,000/- along with interest at the 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 01/04/2025 at 14:37:56 rate of 9% per annum, the enhanced amount shall also be paid pro rata in the same proportion as set out in the Original Award dated 24.12.2018. 5. The Application is disposed of in the aforegoing terms. 6. The parties shall act based on the digitally signed copy of the order. TARA VITASTA GANJU, J MARCH 27, 2025/pa Click here to check corrigendum, if any 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 01/04/2025 at 14:37:56