Reliance Gen Ins Co Ltd v. Smt Sunita & Ors

RAJIV SAHAI ENDLAW, J MARCH 12, 2015 "pp/bs/gsr" (corrected and released on 19th March, 2015).

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12th March, 2015 + MAC.APP. No.296/2014 RELIANCE GEN. INS. CO. LTD. ..... Appellant Through: Proxy counsel for Ms. Shantha Devi Raman, Adv. Versus SMT SUNITA & ORS ..... Respondents Through: Mr. Sudhanshu Tomar, Adv. for R-1 to 4. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The counsel for the appellant seeks adjournment on the ground of illness of Ms. Shantha Devi Raman, arguing counsel for the appellant. The counsel for the respondents no.1 to 4 who were the claimants before the Tribunal (respondents no.5 & 6 being the driver and owner respectively of the vehicle which had caused the accident) states that the respondents no.1 to 4 have received the amount awarded under the impugned award / judgment from the appellant even prior to the filing of this appeal by the appellant. He states that this appeal is thus not maintainable. 2. A perusal of the order sheet in the appeal shows that this Court, while issuing notice of this appeal on 31st March, 2014, vide ex parte order on the application of the appellant for interim relief stayed the execution of the said award / judgment subject to the appellant depositing the entire awarded amount along with upto date interest accrued thereon with the Registrar General of this Court and of which 70% was ordered to be released in favour of the respondents No.1 to 4/ claimants and the rest of the amount was directed to be kept in an interest bearing deposit. 3. The file noting shows that in pursuance to the said order, no amount whatsoever has been deposited by the appellant. 4. A perusal of the Memorandum of Appeal does not show any averment therein, of the appellant prior to preferring the appeal having paid the awarded amount without prejudice to its rights and contentions and subject to its right of restitution in the event of succeeding in the appeal. In fact if that had been the case, the occasion for the appellant to have sought stay of execution of the impugned award would not have arisen. 5. I am of the opinion that the appellant having unconditionally paid the awarded amount and having complied with the award / judgment impugned in this appeal, the appeal is not maintainable. 6. I find that the respondents no.1 to 4 have preferred cross objections / cross appeal by way of CM No.11475/2014 for enhancement of the compensation amount. 7. The counsel for the respondents no.1 to 4 states that if the appeal is not maintainable, he, on behalf of the said respondents withdraws their cross objections. 8. Accordingly, the appeal is dismissed as not maintainable and CM No.11475/2014 by way of cross objections / cross appeal is dismissed as withdrawn. No costs. 9. The statutory amount of Rs.25,000/-, if deposited in this Court, be refunded to the appellant together with interest if any accrued thereon. 10. Before the order aforesaid could be signed, Ms. Shantha Devi Raman, Advocate mentioned the matter. The Advocate for the respondents No.1 to 4 was also sent for. 11. The counsel for the appellant informed that the awarded amount had not been paid by the appellant voluntarily to the claimants. With the support of documents, it is shown that upon the appellant having not deposited the money in accordance with the impugned award / judgment, the Tribunal issued warrant dated 27th January, 2014 for attachment of the bank account of the appellant and that it was in pursuance to the said attachment that the banker of the appellant drew cheques dated 28th January, 2014 for the awarded amount in favour of the respondent No.1. The counsel thus contends that this appeal is entitled to be considered. 12. The counsel for the respondents no.1 to 4 , on the basis of the Trial Court record, demonstrates that the respondents no.1 to 4 had not applied for execution and the Tribunal, on its own, upon report being put up by the officer of the Court that the amount had not been deposited, issued the warrant of attachment aforesaid. 13. I have stil