Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 29157 (HP)

NEW INDIA ASSURANCE COMPANY v. UMA DEVI AND ORS

CMP/376/2025 · 2025-01-08

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

New India Assurance Company Ltd. Vs. Uma Devi & Ors. FAO No. 162 of 2022 08.01.2025 Present: Ms. Diksha, Advocate vice Mr. Ishan Sharma, Advocate for the non-applicant/appellant. Mr. Arsh Chauhan, Advocate for the applicants/respondents. CMP No. 376 of 2025 The present application under Section 151 CPC has been maintained by applicants/respondents No.1 and 2, Uma Devi and Tara Dutt, for release of award amount, lying deposited in the Registry of this Court. The application is duly supported with affidavits of the applicants. No reply is intended to be filed, however, prayer made in the application is opposed by the learned counsel for the non-applicant/appellant on the ground that in the event of appeal being allowed, it would be difficult for the Insurance Company to recover the amount, so released. Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants/respondents No.1 and 2, this Court finds it in the interest of justice to release 30% of the awarded amount, in favour of each of the applicants, as per their respective shares, along with up-to-date interest, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in para-6 of the application. It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, applicants/respondents No. 1 and 2, will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 162 of 2022 Since the appeal already stands admitted, list for final hearing in due course. (Sushil Kukreja) January 08, 2025 Judge (VH/Sumit)