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High Court of Himachal Pradesh · body

2025 DAILYLAW 18327 (HP)

NEW INDIA ASSURANCE COMPANY v. LEKHIKA

CMP/16302/2025 · 2025-07-31

Satyen Vaidya

body2025

Judgment text

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The New India Assurance Co. Ltd. vs. Lekhika & others FAO No.449 of 2017 31.07.2025 Present: Mr. B.M. Chauhan, Senior Advocate with Mr. Amit Himalvi, Advocate, for the appellant. Mr. D.S. Nainta, Advocate, for the respondents. CMP No.16765 of 2025 In compliance to order dared 18th July, 2025, passed in the application, the Accounts Branch of the Registry has calculated the amount required to be refunded to the applicant/appellant-New India Assurance Company Ltd. As per the calculations so made by the Accounts Branch, a sum of Rs.6,99,816/- (Rs.3,62,114 as principal amount + Rs.3,37,702 as interest accrued thereon) is required to be refunded. Learned counsel for the parties have not disputed the calculations made by the Accounts Branch. Accordingly, the application is allowed. An amount of Rs.6,99,816/- is ordered to be refunded to the applicant/appellant by releasing the same in the bank account of the applicant/appellant, details of which have been provided in the application, after due verification. Application stands disposed of. CMP No.16302 of 2025 This application has been filed on behalf of applicants, who were respondents No.1, 3, 4 and 5 in FAO No.449 of 2017 decided by this Court on 07.04.2025. The applicants have prayed for release of the award amount falling to their respective shares on the ground that the matter stands finally adjudicated upon by decision in FAO No.449 of 2017 and the said judgment has attained finality having been not challenged by either of the parties further. The factual aspect, as noticed above, has not been disputed by learned counsel for the non-applicant/appellant. Rather, it has been stated that the non-applicant/appellant has no objection in case the amount falling to the respective shares of the applicants is ordered to be released in their favour. Accordingly, the application is allowed. The award amount falling to the respective shares of applicants i.e. respondents No.1, 3, 4, and 5 in FAO No.449 of 2017, namely, Lekhika, Mannat, Manaswi @ Manasvi Panta and Subdha along with proportionate interest accrued thereon till date is ordered to be released by remitting the same to their respective bank accounts, as detailed in para-4 of the application, after due verification. The share of award amount of respondent No.2 in FAO No.449 of 2017, namely, Vir Vikram Singh (minor) shall remain intact. Application stands disposed of. ( Satyen Vaidya ) Judge July 31, 2025 (vt)