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High Court of Himachal Pradesh · body

2025 DAILYLAW 1458 (HP)

NATIONAL INSURANCE COMPANY LTD v. PUSHAP LATA AND OTHERS

CMP/28706/2025 · 2026-04-10

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

National Insurance Company Limited Vs. Pushap Lata and Ors. CMP No. 28706 of 2025 in FAO No. 45 of 2022 10.04.2026 Present: Ms. Mamta Thakur, Advocate, vice Mr. Ishan Sharma, Advocate, for the applicant/appellant. Mr. Surya Bhan Singh, Advocate, for the non- applicants/respondents. No reply is intended to be filed on behalf of the non-applicants/respondents. Heard counsel for the parties. Perused the record. In MAC Petition No. 44 of 2016, titled as Pushap Lata and Ors. Vs. Rajinder Kumar, decided on 26.10.2021, the petition had been allowed by the Motor Accidents Claims Tribunal-II, Haimrpur, H.P. and a sum of Rs. 63,11,599/- was awarded as compensation alongwith interest @ 7.5% per annum from the date of the filing of the petition till its realization. One of the appeals preferred against the aforesaid award was registered as FAO (MVA) No. 45 of 2022 and the same was disposed of on 26.09.2025. The quantum of compensation in the said appeal had been reduced to Rs. 61,62,168/-. In the appeal, the rate of interest had also been reduced from 7.5 to 6%. In the aforesaid backdrop, excess amount deposited by the applicant alongwith proportionate interest accrued thereon is ordered to be refunded. The same be remitted in the bank account of the applicant, detailed in Paragraph-2 of the application, subject to proper verification. The application stands disposed of. (Bipin C. Negi) 10th April, 2026 Judge (sushma)