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2024 DAILYLAW 893 (HP)

SHRI RAM GENERAL INSURANCE COMPANY LTD v. KALA DEVI

CMP/19564/2026 · 2026-09-01

Sushil Kukreja

body2024

Judgment text

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Shri Ram General Insurance Company Ltd. vs. Kala Devi & others. FAO(MVA) No.280 of 2024 01.09.2026 Present: Mr. Virender Sharma, Advocate, for the appellant. Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1 to 4. Mr. Sudhir Bhatnagar, Advocate, for respondents No.5 & 7. Mr. Arsh Chauhan, Advocate, for respondent No.6. CMP No.19564 of 2026 The present application under Section 151 CPC has been filed by the applicant/respondents No. 1, Kala Devi, for release of awarded amount lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicant. Learned counsel for the non- applicant/appellant, states that he doesn’t intend to file any reply to the application, but has opposed the prayer made in 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. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant, this Court finds it in the interest of justice to release 30% of the compensation amount, in favour of the applicant/respondents No. 1, Kala Devi, along with up- to-date interest, strictly as per her share, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to her saving bank account, detail whereof has been given in para-4 of the application. However, It is made clear that release of award amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, applicant/respondents No. 1, Kala Devi, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge September 01, 2026 (reena)