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High Court of Himachal Pradesh · body

2025 DAILYLAW 1872 (HP)

NEW INDIA ASSURANCE COMPANY LTD v. PAWANA DEVI AND OTHERS

CMP/6833/2026 · 2026-04-28

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIAC Ltd. vs. Pawana Devi & Ors. FAO No.313 of 2025 28.04.2026 Present: Mr. Ishan Sharma, Advocate, for the appellant. Mr. Ajay Sharma, Senior Advocate with Mr. Surya Bhan Singh, Advocate, for respondent No.1. Ms. Abhilasha Kaundal, Advocate, for respondents No.2(i) to 2(iii). Mr. Paras Dhaulta, Advocate vice Mr. Raman Jamalta, Advocate, for respondent No.3. CMP No.6833 of 2026 The present application under Section 151 CPC has been filed on behalf of applicant/respondent No. 1, Pawna Devi, for release of 50% of the award amount of compensation as lying deposited in the Registry of this Court. As per the applicant, she is in dire need of money and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, her prayer for release of 50% of the awarded amount of compensation, as lying deposited in the Registry of this Court may be accepted and the amount, as prayed for, may be ordered to be released in her favour. Learned counsel for the non-applicant/Assurance Company has opposed the prayer made in the application on the ground that in the event of appeal being allowed, it would be difficult for the non-applicant/Insurance Company to recover the amount. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant, this Court finds it in the interest of justice to release 30% of the award amount, lying deposited in the Registry of this Court alongwith up-to-date interest, in favour of applicant/respondent No. 1, as per her share, after proper verification and identification by remitting the same to her saving bank account, detail whereof has been given in the copy of passbook annexed with the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicant/respondent No. 1, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge April 28, 2026 (reena)