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18.01.2023

CM APPL. 2351/2023 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 2352-53/2023 (Delay of 21 days and 35 days in filing and re-

filing of the appeal, respectively)

3. These applications seek condonation of delay of 21 days and 35 days

in filing and re-filing the appeal, respectively.

4. For the reasons stated in the applications, the applications are allowed

and the delays of 21 days and 35 days in filing and re-filing the

appeal, respectively are condoned.

5. The applications stand disposed of.

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MAC.APP. 32/2023

6. The present appeal, preferred by the insurer, seeks to assail the award

dated 15.07.2021 passed by the learned MACT whereby, the learned

Tribunal has awarded compensation of Rs.28,34,962/- in favour of

respondent no. 1 alongwith interest @ 6% p.a.

7. Learned counsel for the appellant submits that the learned Tribunal

while granting the compensation towards the loss of financial

dependency has not made any deduction towards the personal

expenses of the deceased.

8. Keeping in view that no recovery rights have been granted in favour

of the respondents, no notice is required to be issued to respondent

nos. 2 & 3.

9. Upon the appellant taking steps, issue notice to respondent no. 1

through all permissible modes.

10.List on 08.08.2023.

CM APPL. 2350/2023 (stay)

11. This is an application filed by the appellant seeking stay of the

impugned award dated 15.07.2021.

12.Taking into account that the appellant is only assailing the quantum of

compensation, the application is disposed of by directing the appellant

to deposit, within eight weeks, 50% of the awarded amount with the

learned Tribunal with a further direction to the learned Tribunal to

release the same in favour of respondent no. 1 as per the scheme of

disbursal contained in the impugned award.

13.Subject to the appellant depositing the amount in terms of this order,

This is a digitally signed order.

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the operation of the impugned award will remain stayed during the

pendency of the appeal.

REKHA PALLI, J

JANUARY 18, 2023

acm

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 28/01/2024 at 08:36:02