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2025 DAILYLAW 3076 (HP)

ORIENTAL INSURANCE COMPANY LIMITED v. SUDESH DEVI

CMP/12679/2026 · 2026-06-16

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Oriental Insurance Co. Ltd. Vs. Sudesh Devi & ors. FAO(MV) No.269 of 2025 16.06.2026 Present: Mr. Ajay Chandel, Advocate, for the appellant. Mr. Anirudh Sharma, Advocate, for respondentsNo.1 to 3. Ms. Anita Dogra, Advocate, for respondents No.4 & 5. CMP No.12679 of 2026 The instant application has been filed on behalf of applicant-respondent No.1, namely, Sudesh Devi, for release of the awarded amount of compensation lying deposited in the Registry of this Court. 2. As per the applicant, she is in dire need of money to meet out day-to-day expenses, education of children and livelihood of the family. Therefore, it is prayed that the awarded amount of compensation may be ordered to be released in her favour, as per her share. 3. No reply is intended to be filed to the application. However, learned counsel for the non-applicant/ appellant has opposed the application on the ground that in the event of appeal being allowed, it would be difficult for the non-applicant/appellant to recover the amount, so released. 4. Heard. Having perused the averments made in the applications, which is duly supported with the affidavit of applicant-respondent No.1 and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 30% of the amount, alongwith up-to-date interest, in favour of the applicant/respondent No.1, out of her share in the total awarded amount of compensation, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to her bank account, details whereof have been given in para-5 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, the applicant/respondent No.1 will have to refund the amount, so released, with interest. The application stands disposed of. ( Sushil Kukreja ) Judge June 16, 2026 (V.Himalvi)