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High Court of Himachal Pradesh · body

2025 DAILYLAW 3028 (HP)

New India Assurance Co. Ltd. v. SANJAY SHARMA

CMP/28308/2025 · 2026-06-03

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIAC Ltd. Vs. Sanjay Sharma & Anr. CMP No. 28308/2025 in FAO No. 334/2024 03.06.2026 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the non- applicant/appellant. Mr. Bunesh Pal, Advocate, for applicant/respondent No. 1. Mr. Mohan Singh, Advocate, for respondent No. 2. The present application under Section 151 CPC has been filed on behalf of applicant/respondent No.1, Sanjay Sharma, for release of the award amount lying deposited in the Registry of this Court alongwith up- to-date interest. As per the applicant, he has suffered 100% disability in the accident and he is in dire need of money for medical expenses, as he has no other source of income. The application is duly supported by an affidavit of the applicant. 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. Heard. Having perused the averments made in the application, which is duly supported by an affidavit of the applicant, coupled with the fact that the applicant has ….2…. suffered permanent disability to the extent of 100%, this Court finds it in the interest of justice to release 50% of the awarded amount, in favour of applicant/respondent No.1, Sanjay Sharma, as per his share, lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification, by remitting the same to his bank account, details whereof have been mentioned in para-4 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 applicant/claimant will have to refund the amount, so released, with interest. The application stands disposed of. ( Sushil Kukreja ) Judge 3rd June, 2026 (raman)