TATA AIG GENERAL INSURANCE COMPANY LTD v. Balma and others
CMP/10884/2025 · 2025-05-30
Vivek Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13582 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13582 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Tata AIG General Insurance Company Vs. Balma FAO (MVA) No. 38 of 2023 30.5.2025 Present: Mr.Jagdish Thakur, Advocate, for the appellant. Mr.Arun Kumar, Advocate, vice Mr.Sohan Singh Rathore, Advocate, for respondent No. 1. Mr.Sandeep Thakur, Advocate, vice Mr.Sanjay Kumar Sharma, Advocate, for respondent No. 2. Ms.Kiran Kanwar, Advocate, for respondents No. 3 and 4.
FAO (MVA) No. 38 of 2023 Respondents No. 1 as well as 3 and 4 were proceeded against ex parte vide order dated 16.6.2023, however, thereafter Mr.Sohan Singh Rathore and Ms.Kiran Kanwar, Advocates had filed respective Power of Attorneys on behalf of these respondents. On oral request made on behalf of these respondents, ex parte order dated 16.6.2023 passed against respondents No. 1, 3 and 4 is recalled and they are permitted to join the proceeding henceforth. List for hearing in due course after completion. CMP No. 10884 of 2025 This application has been filed on behalf of applicant-respondent No. 1 for release of 50% of amount of compensation awarded in her 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 applicant. It has been submitted on behalf of applicant- respondent No. 1 that claimant is agitating for just and fair compensation since long and till date she has not received the same. Balancing the interest and considering submissions, at this stage, 30% of amount of compensation out of share of the applicant alongwith proportionate interest is ordered to be released in favour of the applicant-respondent No. 1 Balma, by remitting the same in her bank account mentioned in para 2 of the application, photocopy of front page of pass book has been annexed with this application. The aforesaid release shall be subject to final order passed in the main appeal. The application stands disposed of in aforesaid terms.
(Vivek Singh Thakur),
Judge.
30th May, 2025 (Keshav)