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2024 DAILYLAW 713 (HP)

Royal Sundram General Insurance Company Ltd v. Sunita Lowrance

CMP/8855/2026 · 2026-06-19

Sushil Kukreja

body2024

Judgment text

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Royal   Sundaram   General   Insurance   Co.   Ltd.   Vs. Sunita Lowrance & Ors. FAO No. 102/2024 19.06.2026 Present: Mr. Sanjay Ranta, Advocate, vice Mr. Virender Sharma, Advocate, for the appellant. Mr. Virender Singh Kanwar, Advocate, vice Mr. Shanti Swaroop, Advocate, for applicants/respondents No. 1 to 4. Ms. Rajni Gandhi, Advocate, vice Mr. Rajiv Rai, Advocate, for respondent No. 5. Mr. Bhart Bhardwaj, Advocate, vice Dr. Lalit K. Sharma, Advocate, for respondent No. 6. CMP No. 8855/2026 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 alongwith up-to- date interest. As per the applicants, they need money to meet out their day to day expenses as well as to repay the borrowed amount. The application is duly supported with the affidavits of all the applicants. No reply to the application has been filed despite opportunity granted in this respect, 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 regard to the averments made in the application, which is duly supported with the affidavits of all the applicants, this Court finds it in the interest of justice to release 25% of the award amount, in favour of 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-7 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. The application stands disposed of. ( Sushil Kukreja ) Judge 19th June, 2026 (raman)