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Judgment
13 paragraphs · 216 wordsR.K.Gauba, J
The inclusion of Rs.25,000/- towards lawyer’s fee and Rs.5,000/- towards out of pocket expenses added as liability of the insurer (appellant) by
the tribunal, by judgment dated 03.07.2012, is only pressed as the contention in the appeal at hand challenging the judgment to that extent rendered in
accident claim case (MACT No.317/10/08) of the first respondent/claimant.
There being no justification for such inclusion, the directions of payment of lawyer’s fee and out of pocket expenses are set aside.
The award is modified accordingly.
By order dated 15.10.2012, the insurance company had been directed to deposit 50% of the awarded amount, excluding counsel fee and out of
pocket expenses with upto date interest with UCO Bank, Delhi High Court Branch, New Delhi. By subsequent order dated 15.03.2013, the deposited
amount was ordered to be released with interest in favour of the claimant.
The insurer is directed to deposit the balance of its liability by requisite deposit with interest with the tribunal within thirty days, making it available to
be released to the claimant in terms of the award.
The statutory amount shall be refunded to the insurer after proof of award having been satisfied is shown.
The appeal along with pending application stands disposed of in above terms.