$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 403/2017 (Disposed of case)

FUTURE GENERALI INDIA INSURANCE COMPANY LTD .....Appellant versus E NEETA DEVI & ORS (BHARTI AXA GENERAL INSURANCE COMPANY LTD) .....Respondent + MAC.APP. 530/2017 E NEETA DEVI & ORS .....Appellants versus ASHWANI KUMAR & ORS (BHARTI AXA GENERAL INSURANCE CO LTD) .....Respondents Appearances:

Mr. Sunil Kumar, Advocate for R-4&6 in item No. 2.

Mr. P. Ramesh Kumar, Ms. Rajkumari D., Advocates for R-1to4 in item No. 2 and for appellants in item No. 3.

Mr. Rajeev M. Roy, Advocate for Insurance Company.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 27.11.2025 CM APPL. 73635/2025 (for exemption) in MAC.APP. 403/2017 Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CM APPL. 73634/2025 (for release of amount) in MAC.APP. 403/2017 1. The respondent–claimants seek release of the amounts deposited in this Court, consequent upon dismissal of the captioned appeal by order dated 05.09.2018.

2. The appeal was directed against an award of the Motor Accident Claims Tribunal [“Tribunal”] in MAC.P. No. 31/2016 dated 17.01.2017.

3. By an order dated 28.04.2017, this Court directed the appellant to deposit the entire awarded amount along with interest in this Court, out of which 50% was to be released to respondent No. 1, being the wife of the deceased. The balance amount was to be kept in fixed deposit.

4. The only submission of Mr. Rajeev M. Roy, learned counsel for the appellant, is that the appeal of the claimants remains pending before this Court. However, as the amount in issue relates to the amount directed by the impugned award and the pending appeal concerns only enhancement of compensation, I do not consider it necessary to keep the balance amount in deposit any further. As the appeal of the Insurance Company has since been dismissed, I do not see any impediment to the release of the balance amount in favour of the respondent–claimants.

5. The award of the Tribunal provided for release of the amounts in favour of claimant No. 1 – wife of the deceased (respondent No. 1 herein), and claimant No. 5 – mother of the deceased (respondent No. 5 herein), within a period of seven years and five years respectively, and to respondent Nos. 2, 3 and 4 (the children of the deceased) upon attaining majority. As the children have all since attained majority, and the periods of five and seven years from the date of the award have also lapsed, the amounts are liable to be released to the claimants forthwith.

6. However, in the meanwhile, the mother of the deceased has passed away. The applicants–claimants had earlier made an application for release of the compensation amount before the Tribunal. Alongwith that application, they had stated that, apart from the wife and children of the deceased in the present case (who was a pre-deceased son of respondent No. 5), there were four other heirs of respondent No. 5, being two sons and two daughters:

7. All the four other heirs of respondent No. 5 have filed no-objection certificates before the Tribunal, stating that they have no objection to the release of their respective shares in the compensation payable to their late mother, in favour of respondent No. 1 – the wife of the deceased.

8. Similarly, the three children of the deceased have also filed no- objection certificates stating that the entire amount payable to them under the impugned award, including their own shares and the shares that would devolve upon them as heirs of their grandmother (respondent No. 5), may also be released to respondent No. 1.

9. In view of the above, the application is allowed, and the entire balance amount lying deposited, alongwith interest accrued thereupon, be released in the name of respondent No. 1 herein, Smt. E. Neeta Devi.

CM APPL. 65452/2025 (for release of balance amount) in MAC.APP.

530/2017 In view of the order passed above, this application is not pressed and stands disposed of.

With the consent of learn