THE NEW INDIA ASSURANCE COMPANY LIMITED v. RITU SHARMA
CMP/11743/2025 · 2025-06-05
Vivek Singh Thakur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15536 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15536 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
National Insurance Company Vs. Ritu Sharma & Ors. FAO(MVA) No.424 of 2014 a/w FAO No.270 of 2016 and FAO No.100 of 2015.
05.06.2025 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the appellant. Ms. Veena Sharma, Advocate, for respondent No.1. Mr. Anirudh Sharma, Advocate, for respondent No.2. None for respondents No.3 and 4, though represented by Mr. Rahul Thakur, Advocate. Respondent No.5 is ex parte. Mr. Surya Chauhan, Advocate, for respondent No.6. Respondent No.7 is stated to have expired. None for respondent No.8(i) and 8(ii) through represented by Mr. Kunal Verma, Advocate. CMP No. 11743 of 2025 in FAO(MVA) No.424 of 2014 This application has been filed for release of amount of compensation falling in the share of applicant/respondent No.2 with the submissions that applicant/respondent No.2 intends to join course in Higher Education after passing 10+2 examination and further that mother of applicant/respondent No.2, who is respondent No.1 in the present appeal has entered into an agreement for purchase of land vide agreement dated 23.04.2025 as claimants at present are residing with their maternal
uncle/grand father from last so many years and now they intend to have their own house. It has been further submitted that 30% of amount of compensation falling in share of respondent No.1 has been released vide order dated 06.11.2017 during pendency of the appeal.
Learned counsel for the appellant has opposed, the release of amount of compensation with the submissions that there is every likelihood of reduction of amount of compensation at the time of final adjudication of the appeal and therefore, the application deserves to be dismissed.
Learned counsel for the applicant/respondent No.2 submits that victims are agitating to get fair and just compensation since long and till date only 30% of compensation amount, out of the share of non-applicant/respondent No.1, has been released to them. Considering the rival contentions of the parties and balancing their interest at this stage, 35% of amount of compensation falling in share of applicant/respondent No.2 alongwith up-to-date proportionate interest is directed to be released in his favour by remitting the same in his bank account mentioned in Para No.7 of the application. Photo copy of front page of passbook is also on record. The present application stands disposed off, in the aforesaid terms.
FAO(MVA) No.424 of 2014 List of hearing on 24.06.2025, alongwith connected matters, the date already fixed.
(Vivek Singh Thakur) Judge
June 05, 2025 (Shamsh Tabrez)