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2025 DAILYLAW 29347 (HP)

NATIONAL INSURANCE COMPANY v. RASHMI DEVI AND ORS

CMP/374/2025 · 2025-01-10

Ranjan Sharma

body2025

Judgment text

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National Insurance Company Limited versus Rashmi Devi and others FAO No.144 of 2017 10.01.2025 Present: Mr. Deepak Bhashin Senior Advocate with Mr. Sambhav Bhashin, Advocate for the appellant. Mr. P.P. Chauhan, Advocate for respondents No. 1 to 4. Mr. Rahul Chauhan, Advocate vice Mr. Rajinder Sharma, Advocate for respondents No. 5 and 6. CMP No.374 of 2025 Instant application has been filed under Section 151 CPC seeking clarification of orders dated 1.5.2024, passed by this Court. Perusal of instant application reveals that based on the averments contained in the earlier application [CMP No.5302 of 2024], the amount attributable to share of respondent-applicant 1(a) Rashmi Devi and respondent-applicant 1(b) Master Aveer [who was a minor], was directed to be released due to inadvertent averments, made in said application and therefore, the earlier orders dated 1.5.2024, may be recalled/modified and further clarificatory directions may be issued to release the share of applicant- respondent No.1(a) Rashmi Devi only and by keeping the share of respondent-applicant No.1(b) Master Aveer intact application supported by affidavit. 3. Upon listing of the application, Learned Senior Counsel for non-applicant-appellant [National Insurance Company Ltd.], does not opposes the prayer for release 50% of the share of compensation attributable to applicant-respondent 1(a) Rashmi Devi only and by keeping the share of applicant- respondent 1(b) [minor Master Aveer] intact. 4. Accordingly, Registry is directed to release 50% of compensation attributable to the share of applicant-respondent No.1(a) Rashmi Devi after due verification of bank accounts details [already on record], within three weeks from today. In aforesaid terms, application stands disposed of. (Ranjan Sharma) Judge 10th January, 2025 (himani)