Research › Search › Judgment

High Court of Himachal Pradesh · body

2024 DAILYLAW 562 (HP)

NEW INDIA ASSURANCE COMPANY LIMITED v. MALKEET KAUR AND ORS

CMP/7819/2026 · 2026-04-21

Sushil Kukreja

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIAC Ltd. Vs. Malkeet Kaur & Ors. CMP(M) No. 1033/2024 21.04.2026 Present: Mr. Jagdish Thakur, Advocate, for the appellant. Mr. Vinod Chauhan, Advocate, for respondents No. 1 to 4. CMP(M) No. 1033/2024 As per report of the Registry, application for bringing on record the legal representatives of deceased respondent No. 6 as well as application for substituted service of respondent No. 5 are lying under objections. Learned counsel for the appellant undertakes to remove the objections within a period of one week. List as and when the aforesaid applications are on record. CMP No. 7819/2026 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 to 3, for release of the award amount lying deposited in the Registry of this Court. As per the applicants, they are in dire need of money to meet out their day to day expenses, as well as for construction of their house. The application is duly supported by the affidavits of all the applicants. No reply to the application is intended to be filed on behalf of the non-applicant/appellant. However, ….2... 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 of all the applicants, this Court finds it in the interest of justice to release 30% of the awarded amount alongwith up-to-date interest, in favour of applicants/respondents No. 1 to 3, as per their respective shares, lying deposited in the Registry of this Court, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been mentioned in para-3 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 21st April, 2026 (raman)