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High Court of Himachal Pradesh · body

2024 DAILYLAW 460 (HP)

ORIENTAL INSURANCE COMPANY LIMITED v. LAL DEI W/o Late Sh. Singh

CMP/8032/2026 · 2026-04-22

Sushil Kukreja

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OIC Ltd. Vs. Lal Dei & ors. FAO(MV) No.272 of 2024 22.04.2026 Present: Mr. Ajay Chandel, Advocate, for the appellant. Mr. Tarun Garla, Advocate, vice Mr. Tek Chand, Advocate, for respondents No.1 to 5. Mr. Rohit, Advocate, for respondent No.6. CMP No.8032 of 2026 The instant application has been filed on behalf of applicant-respondents No.2-Rato, for release of the awarded amount of compensation, as per her share, lying deposited in the Registry of this Court. 2. As per the applicant, she is in dire need of money and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, therefore, atleast 50% of the amount of compensation, falling in her share, may be ordered to be released in her favour. 3. No reply is intended to be filed to the application. However, learned counsel for the non-applicant/appellant has opposed the application on the ground that in the event of appeal being allowed, it would be difficult for the non-applicant/ appellant to recover the amount, so released. 4. Heard. Having perused the averments made in the applications, which is duly supported with the affidavit of applicant-respondents No.2 and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 30% of the amount, falling in the share of applicant/respondent No.2, alongwith up-to-date interest, out of the total awarded amount of compensation in her favour, after proper verification and identification by remitting the same to her bank account, details whereof have been given in para-4 of the application. 5. It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, the applicant/respondent No.2 will have to refund the amount, so released, with interest. The application stands disposed of. ( Sushil Kukreja ) Judge April 22, 2026 (V.Himalvi)