National Insurance Co. Ltd. vs. Gaurav Hazri and others FAO No.166 of 2019 01.08.2025 Present: Mr. Ishan Sharma, Advocate for the appellant. Mr.G.R. Palsra, Advocate for respondents No.1 to 3. Ms.Ranjana Sharma, Advocate vice counsel for respondent No.6. CMP No.14850 of 2025 By way of this application, a prayer has been made for refund of Rs.44,14,867/- deposited in the Registry of this Court by the applicant National Insurance Company Limited. It is averred that FAO No.166 of 2019 was filed by the applicant against the award dated 06.12.2018 passed by the learned Motor Accident Claims Tribunal-III, Mandi in Claim Petiton No.11 of 2015 titled as Gaurav Hazri and others vs. Rakesh Pal and others. In the said appeal, the applicant had deposited an amount of Rs.25,000/- as appeal amount and Rs.43,89,867/- as balance award amount. Finally, the FAO No.166 of 2019 was disposed of by this Court vide judgment dated 27.11.2019. The award passed by the learned Motor Accident Claims Tribunal-III, Mandi was set aside and the matter was remanded back for decision afresh. Thereafter, the learned Motor Accident Claims Tribunal-III, Mandi has passed award dated 19.07.2024 and against that award, the applicant National Insurance Company Limited has again preferred FAO No.125 of 2025. In the said appeal, again, applicant National Insurance Company Limited has deposited a sum of Rs.25,000/- as appeal amount and Rs.57,20,832/- as award amount. In the aforesaid backdrop, a prayer has been made to refund the appeal amount as also the award amount deposited in FAO No.166 of 2019. There is no opposition to the prayer made on behalf of non-applicants/respondents. On perusal of record of FAO No.166 of 2019 as also FAO No.125 of 2025, it has transpired that contention raised by the applicant National Insurance Company Limited is based on facts. In both the appeals, the amount stand deposited and in such circumstances, there is no impediment in granting the prayer made in the application. Accordingly, the application is allowed. The appeal amount as also the award amount deposited by the applicant National Insurance Company Limited in FAO No.166 of 2019 is ordered to be released in favour of the applicant along-with up-to-date interest accrued thereon by remitting the same to its bank account as detailed in the prayer clause of the application, after due verification. The application stands disposed of. ( Satyen Vaidya ) Judge August 01, 2025 (naveen)