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2018 DAILYLAW 2340 (HP)

NATIONAL INSURANCE COMPANY v. MUKESH KUMAR

CMP/1004/2026 · 2026-01-09

Jiya Lal Bhardwaj

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

National Insurance Co. Ltd. vs. Mukesh Kumar and others FAO No.39 of 2018 09.01.2026 Present: Mr.Deepak Bhasin, Senior Advocate with Ms.Shruti Dubey, Advocate for the appellant. Mr.Surinder Saklani, Advocate for respondent No.1/applicant. Mr.Sunny Modgil, Advocate for respondent No.2. Respondent No.4 already ex-parte. Mr.Munish Kumar, Advocate Mr.Jagdish Thakur, Advocate for respondent No.5. CMP No.1004 of 2026 By way of the present application, applicant/respondent No.1 Mukesh Kumar has prayed for release of some reasonable amount to the tune of Rs.10,00,000/-. The reason which has been assigned in the application is that he has no independent source of income and further he is totally dependent on others. Perusal of various orders passed by this Court reveals that sufficient amount has already been released in favour of applicant/respondent No.1, which is to the tune of Rs.21,50,000/-. However, keeping in view the fact that the applicant has suffered 75% permanent disability as is evident from the perusal of award passed by the Tribunal below, which is under challenge in the present appeal, let a sum of Rs.1,00,000/- be released in favour of applicant/respondent No.1. Accordingly, the present application is allowed and only an amount of Rs.1,00,000/- is ordered to be released in his favour and the same may be transmitted in his bank account, details whereof have been mentioned in the prayer clause of the application. However, before remitting the amount, the account details may be got verified. Accordingly, the application stands disposed of. FAO No.39 of 2018 Since the appeal arises out of award dated 16.04.2016 and the accident is stated of dated 30.06.2006, the appeal be set down for final disposal and be listed for hearing on 6th March, 2026. January 09, 2026 ( Jiya Lal Bhardwaj ) (naveen) Judge