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2026 DAILYLAW 21921 (DEL)

ROSHAN KHATOON AND ANR v. SATISH KUMAR AND ORS

MAC.APP./497/2026 · 2026-10-09

Anish Dayal

body2026

Judgment text

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$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010351182026 + MAC.APP. 497/2026 & CM APPL. 50560/2026 CM APPL. 50561/2026 ROSHAN KHATOON AND ANR .....Appellant Through: Mr. Omkar Kushwaha, Adv. versus SATISH KUMAR AND ORS .....Respondent Through: Mr. Vaibhav Singh, Mr. Ashish Kumar and Ms. Simran Verma, Advs. for Insurance Company. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 09.10.2026 1. Pursuant to order dated 04th August 2026, Mr. Omkar Kushwaha, counsel for appellant/claimant, informs the Court that the amount of Rs.5,00,000/-, directed to be released vide paragraph 4 of said order, was not released since the Insurance Company had not deposited the same. 2. An order was passed by the Motor Accident Claims Tribunal [‘MACT/Tribunal’] on 21st August 2026, allowing appellant/claimant to withdraw the application, with liberty to file a fresh application. The statement of the applicant, Ms. Roshan Khatoon, was duly recorded under Clause 29 of Modified Claims Tribunal Agreed Procedure [‘MCTAP’]. 3. In the meantime, on 14th September 2026, the Insurance Company’s appeal against the impugned award, in MAC.APP. 599/2026, has been 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 14/10/2026 at 11:24:24 disposed of by this Court, confirming the MACT award on all aspects, apart from applicable interest rate, which was reduced from 9% per annum to 7.5% per annum. The Insurance Company was according directed to deposit the compensation amount, along with accrued interest @ 7.5% per annum, before the MACT, within 4 weeks. 4. Mr. Vaibhav Singh, counsel for Insurance Company, states that they are in the process of complying with the aforesaid directions of the Court, passed vide judgement dated 14th September 2026, and shall deposit the amount within the directed time period. 5. Accordingly, it is directed that once the said deposit has been made by the Insurance Company, the application for release of part compensation shall be considered by the MACT, in accordance with the observations made by this Court vide order dated 16th September 2026, passed in Sanjay Sachdeva v. Bhola Mahato & Ors (M/S Reliance General Insurance Co Ltd), MAC.APP. 1004/2016. 6. The MACT may consider the request made by parents of the deceased in a considerate manner, so that the spirit of the observations made by this Court in Sanjay Sachdeva (supra) is taken care of. 7. Accordingly, the appeal is disposed of. 8. Pending applications, if any, are rendered infructuous. 9. Order be uploaded on the website of this Court. ANISH DAYAL, J OCTOBER 9, 2026/MK/ya 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 14/10/2026 at 11:24:24