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High Court of Himachal Pradesh · body

2025 DAILYLAW 29521 (HP)

National Insurance Company Ltd. v. ANITA THAKUR AND OTHERS

CMP/16692/2025 · 2025-10-27

Sushil Kukreja

body2025

Judgment text

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NIC Vs. Anita Thakur & Ors. FAO (MVA) No. 223 of 2023 27.10.2025 Present: Mr. Sambhav Bhasin, Advocate, for the appellant. Mr. H.C. Sharma, Advocate, for respondents No.1 & 2. CMP No.16692 of 2025 The instant application under Section 151 of CPC has been filed on behalf of applicant-respondent No.1-Anita Thakur for release of the awarded amount, lying deposited before the learned Trial Court. 2. As per the applicant, she is in dire need of money to repair her old house and to meet out other day-to-day expenses. Therefore, it is prayed that the awarded amount of compensation falling in her share alongwith up-to-date interest, be released in her favour. The application is duly supported with the affidavit of the applicant. 3. Reply to the application has been filed, wherein, contents of the application are denied and dismissal of the same has been prayed 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. 4. 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 25% out of the total share of the applicant-respondent No.1 in the awarded amount of compensation, alongwith up-to-date interest, in her favour, which is lying deposited before the Trial Court, after proper verification and identification by remitting the same to her bank account, details whereof have been given in para-3 of the application. 5. 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, applicant/respondent No.1, will have to refund the amount, so released, with interest @ 6% per annum. 6. The application stands disposed of. ( Sushil Kukreja ) Judge October 27, 2025 (V.Himalvi)