National Insurance Co. Ltd. vs. Om Prakash and another a/w connected matter FAO No.125 of 2017 a/w FAO No.114 of 2019 FAO No.125 of 2017 21.07.2025 Present: Mr.Ashwani Sharma, Senior Advocate with Mr.Ishan Sharma, Advocate for the appellant. Mr. Virender Singh Rathour, Advocate for respondent No.1. None for respondents No.2 and 3. FAO No.114 of 2019 Mr. Virender Singh Rathour, Advocate for the appellant. None for the respondents. CMP Nos.15561 & 15749 of 2025 By way of application (CMP No.15749 of 2025), the appellant/applicant has made a prayer to refund the excess amount deposited in the Registry of this Court along-with proportionate up-to-date interest accrued thereon. This Court vide judgment dated 25.04.2025 passed in FAO No.125 of 2017 along-with FAO No.114 of 2019 has modified the award passed by the learned Tribunal and as a result thereof, the amount which was deposited by the appellant/applicant has been rendered in excess of the compensation payable to the claimants. As per appellant/applicant, a total amount of Rs.37,49,843/- was deposited in the Registry of this Court on 15.06.2017 and before that, an amount of Rs.25,000/- had already been deposited by the appellant/applicant along-with appeal on 27.03.2017. Thus, the appellant/applicant is entitled to the refund along-with proportionate interest accrued thereon from the date of deposit till date. During the pendency of the appeal, certain amounts were released to the claimants and as per report of the Registry, amount of Rs.26,17,390+Rs.25,000 are lying in deposit. Learned counsel for the parties, more particulary, that of the appellant/applicant and the claimants have exchanged calculations. They agree that out of the amount lying in deposit in the Registry, the appellant/applicant in terms of the judgment passed by this Court on 25.04.2025, is entitled to a sum of Rs.15,84,896/- along-with interest accrued thereon from the date of deposit till the release of amount. Since the parties have agreed on this amount, a sum of Rs.15,84,896/- along-with interest accrued thereon till date as a result of investment made by the Registry is ordered to be released in favour of the appellant/applicant, by remitting the same to the bank account, details of which have been provided in the application at page 44 of the paper book, after due verification. Since, the entire claim of refund of the appellant/applicant is satisfied, the balance of the amount lying in deposit in the Registry along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicant, by remitting the same to his bank account, details of which have been available in para 2 of the application, after due verification. Both the applications stand disposed of. ( Satyen Vaidya ) Judge July 21, 2025 (naveen)