NEW INDIA ASSURANCE COMPANY LIMITED SOLAN v. BHAGTI DEVI
CMP/8363/2026 · 2026-05-29
Sushil Kukreja
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2972 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2972 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
NIAC Ltd. Vs. Bhagti Devi & Ors.
FAO (MV) No. 276/2025 29.05.2026 Present: Ms. Raksha Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for the appellant. Mr. Sanjay Ranta, Advocate, for respondents No. 1 to 3. Mr. Anil Chauhan, Advocate, for respondent No. 4. Ms. Kajal, Advocate, vice Mr. Bhupinder Pathania, Advocate, for respondent No. 5. Ms. Shivani, Advocate, vice Mr. Kishore Pundeer, Advocate, for respondents No. 6 & 7.
CMP No. 8363/2026 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 to 3, for release of the award amount lying deposited in the Registry of this Court alongwith up-to- date interest. As per the applicants, they need money for construction of their house as well as to meet out their day to day expenses. The application is duly supported by the affidavits of all the applicants. Reply to the application has been filed, wherein, prayer for dismissal of the application has been made 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.
….2... Heard. Having perused the averments made in the application, which is duly supported by the affidavits of all the applicants, this Court finds it in the interest of justice to release 30% of the awarded amount, in favour of applicants/respondents No. 1 to 3, as per their respective shares, lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been mentioned in para-3 of the application. Ordered accordingly. However, release of amount would be subject to final outcome of the appeal and in the event of appeal being allowed, the applicants/claimants will have to refund the amount, so released, with interest. The application stands disposed of. ( Sushil Kukreja ) Judge 29th May, 2026 (raman)