Research › Search › Judgment

High Court of Himachal Pradesh · body

2024 DAILYLAW 613 (HP)

NATIONAL INSURANCE COMPANY v. KAMAL KUMAR S/o Sh. Gian Chand

CMP/28699/2025 · 2026-05-07

Sushil Kukreja

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIC Ltd. Vs. Kamal Kumar & Ors. FAO No. 123/2024 07.05.2026 Present: Mr. Bhupinder Pathania, Advocate, for the appellant. Mr. Ashok Kumar Verma, Advocate, for respondent No. 1. Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, for respondents No. 2 & 3. Mr. Anuj Gupta, Advocate, for respondent No. 4. CMP No. 28699/2025 The present application under Section 151 CPC has been filed on behalf of applicant/respondent No. 1, Kamal Kumar, for release of the award amount lying deposited before the learned Commissioner below. As per the applicant, he needs money to meet out his day to day expenses. The application is duly supported by an affidavit of the applicant. Reply to the application has been filed, wherein, prayer for dismissal of the application has been made 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 an affidavit of ….2…. the applicant, this Court finds it in the interest of justice to release 30% of the awarded amount, in favour of applicant/respondent No. 1, Kamal Kumar, as per his share, lying deposited before the learned Commissioner below, alongwith up-to-date interest, after proper verification and identification, by remitting the same to his bank account, details whereof have been mentioned in para-4 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 applicant/claimant will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge 7th May, 2026 (raman)