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High Court of Himachal Pradesh · body

2025 DAILYLAW 12783 (HP)

THE NEW INDIA ASSURANCE COMPANY LTD v. ROSHNA DEVI AND ORS

CMP/10876/2025 · 2025-07-02

Vivek Singh Thakur

body2025

Judgment text

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New India Assurance Company vs. Roshana Devi and others FAO No. 117 of 2021 02.07.2025 Present: Ms.Kamakshi Tarlokta, Advocate, for the appellant. Mr.Kunal Thakur, Advocate, for respondents No.1 and 2. Mr.Dibender Ghosh, Advocate, for respondent No.3. CMP No.10876 of 2025 This application has been filed on behalf of applicants-respondents No.1 and 2 for release of 50% of amount of compensation awarded in their favour. Release of 50% amount has been opposed by appellant-Insurance Company, on the ground that there is every likelihood of reduction thereof, and in case of release of 50% of amount, it would be difficult for the Insurance Company to recover the same from the applicants. It has been submitted on behalf of applicants- respondents No.1 and 2 that claimants are agitating for just and fair compensation since long and till date they have not received the same. Balancing the interest and considering submissions, at this stage, 30% of amount of compensation out of respective share of the applicants alongwith proportionate interest is ordered to be released in favour of applicants-respondents No.1 and 2, by remitting the same in their bank accounts mentioned in paragraph 6 of the application, photocopies of front pages of Pass Books whereof have been annexed with this application. The aforesaid release shall be subject to final order passed in the main appeal, and in case it is found in future that excess amount has been released then, applicants shall be liable to refund the same alongwith interest. Application is disposed of in aforesaid terms. (Vivek Singh Thakur) Judge July 2, 2025 (Purohit)