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High Court of Himachal Pradesh · body

2024 DAILYLAW 419 (HP)

NATIONAL INSURANCE COMPANY LTD v. SAVITRA DEVI W/o Late Sh. Ganga Ram

CMP/105/2025 · 2026-04-06

Sushil Kukreja

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIC Ltd. Vs. Savitra Devi & Ors. FAO (MV) No. 149/2024 06.04.2026 Present: Mr. Munish Kumar and Ms. Raksha Thakur, Advocates, vice Mr. Jagdish Thakur, Advocate, for the appellant. Mr. Anshul Gandhi, Advocate, vice Mr. C.N. Singh, Advocate, for respondents No. 1 to 4. Mr. Dinesh Singh Chauhan, Advocate, for respondent No. 5. CMP No. 105/2025 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 to 4, for release of the award amount lying deposited in the Registry of this Court. As per the applicants, they need money to meet out their day to day expenses as well as for education. The application is duly supported by the affidavits of all the applicants. Reply to the application has been filed, wherein, 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 is duly supported by the affidavits of all the applicants, this Court finds it in the interest of justice to release 30% of the awarded amount, in favour of ….2... applicants/respondents No. 1 to 4, as per their respective shares, lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been mentioned in para-6 of the application. 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 6th April, 2026 (raman)