NEW INDIA ASSURANCE COMPANY LTD. v. Vinya Kumari W/o Sh. Siti Ram
CMP/14147/2025 · 2026-03-05
Sushil Kukreja
body2024
DailyLaw.ai
[ 2024 DAILYLAW 373 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 373 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
NIAC Ltd. Vs. Vinya Kumari & Ors.
FAO No. 66/2024 05.03.2026 Present: Ms. Mamta Devi, Advocate, vice Mr. Ishan Sharma, Advocate, for the appellant. Ms. Heena Chauhan, Advocate, for respondents No. 1 & 2. None for respondent No. 3.
CMP No. 14147/2025 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 & 2, for release of the award amount lying deposited before the learned Senior Civil Judge, Reckong Peo, District Kinnaur, H.P. As per the applicants, they need money for education of their sons as well as for medical treatment of applicant No. 1. The application is duly supported by the affidavits of both the applicants. No reply to the application is intended to be filed on behalf of the non-applicant/appellant. However, prayer made in the application has been opposed on the ground that in the event of appeal being allowed, it would be difficult for the Insurance Company to recover the amount, so released. Heard. Having perused the averments made in the application, which are duly supported by the affidavits
….2... of both the applicants, this Court finds it in the interest of justice to release 30% of the awarded amount, in favour of applicants/respondents No. 1 & 2, as per their respective shares, lying deposited before the learned Senior Civil Judge, Reckong Peo, District Kinnaur, H.P., alongwith up- to-date interest, after proper verification and identification, by remitting the same to their bank accounts, copies of passbooks have been annexed with the application as Annexures A-1 and A-2. Ordered accordingly. However, release of amount would be subject to final outcome of the appeal and in the event of appeal being allowed, the applicants/claimants will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge 5th March, 2026 (raman)