New India Assurance Company Ltd vs. Manish Kumar & Ors. CMP No.9887 of 2024 in FAO No.32 of 2024 07.01.2025 Present: Mr. Raman Sethi, Advocate, for the appellant. Mr. Diwakar Dev Sharma, Advocate, for applicant/respondent No.1. None for respondents No.2 & 3. FAO No.32 of 2024 It has come to the notice of this Court that respondent No.3, Bal Krishan Thakur, has died on 09.09.2024, but till date, no steps have been taken to bring on record his legal representatives. Learned counsel for the appellant prays for adjournment to take consequential steps on account of death of respondent No.3. As prayed for, list after ensuing winter vacations. CMP No.9887 of 2024 The instant application under Section 151 of CPC has been filed by applicant/respondent No.1, Manish Kumar, for release of award amount alongwith up-to-date interest in his favour, as per his share, as lying deposited in the Registry of this Court. As per the applicant, learned MACT below has awarded a sum of Rs.30,07,000/- along with 7.5% interest from the date of petition till the payment of the same vide award dated 01.07.2023 in his favour. He has further submitted that in the accident, he has imputation in his arm and having permanent disability due to loss of his arm and being a meritorious and versatile personality in academics and sports, he has been selected in Disability Cricket Council of India from Himachal and, therefore, for the purpose of advancement and training, he requires a sum of Rs.5-6 lacs. Further, he being handicapped requires Rs.8-10 lacs for artificial device. He has also submitted that he is in dire need of money to pursue his studies in future and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, his prayer for release of 50% of the amount of compensation, may be accepted and the said amount may be ordered to be released in his favour as per his share. The application is duly supported with the affidavit of the applicant. Reply on behalf of non-applicant/appellant stands filed, wherein, the prayer made in the application is opposed on the ground that if the awarded amount of compensation is released in favour of the aforesaid applicant/respondent during the pendency of the appeal, it would be difficult for the appellant to recover the same from him, in the event of appeal being allowed and this will lead to unnecessary litigation. Hence, prayer for dismissal of the application has been made. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant/respondent No.1, Manish Kumar 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 awarded amount of compensation in favour of applicant/respondent No.1, Manish Kumar, as lying deposited in the Registry of this Court alongwith up-to- date interest after proper verification and identification by remitting the same to his saving bank account, detail whereof have been given in Para-4 of the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, aforesaid applicant/respondent will have to refund the amount, so released in his favour, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge January 07, 2025 (reena)