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2025 DAILYLAW 31038 (HP)

NATIONAL INSURANCE COMPANY LIMITED v. ANITA DEVI

FAO/4169/2013 · 2025-11-04

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIC Ltd. Vs.Anita Devi & Ors. A/w connected matter FAO No. 4169/2013 a/w FAO No. 251/2014 FAO No. 4169/2013 04.11.2025 Present: Mr. Deepak Bhasin, Senior Advocate with Mr. Sambhav Bhasin, Advocate, for the appellant. Ms. Nishi Goel, Advocate, for respondents No. 1 to 5. Ms. Vandana, Advocate, vice Mr. Sanjay Jaswal, Advocate, for respondent No. 6. FAO No. 251/2014 Ms. Nishi Goel, Advocate, for the appellants. Ms. Vandana, Advocate, vice Mr. Sanjay Jaswal, Advocate, for respondent No. 1. Mr. Deepak Bhasin, Senior Advocate with Mr. Sambhav Bhasin, Advocate, for respondent No. 2. CMP No. 24383/2025 in FAO No. 4169/2013 The present application under Section 151 of CPC has been filed on behalf of applicant/respondent No. 1 for release of the amount, lying deposited in the Registry of this Court. As per the applicant, she needs money for marriage of her daughter which is fixed for 11.11.2025. The application is duly supported with the affidavit of the applicant. Reply to the application has been filed on behalf of the non-applicant/appellant, wherein, it has been stated that 50% amount has already been released in favour of applicant/respondent No. 1 and in case some ...2... more amount is released in favour of applicant/respondent No. 1, the very purpose of filing the appeal would be frustrated and in the event of appeal being allowed, it will be difficult for the Insurance Company to recover the amount, so released. 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% of the award amount, falling in the share of applicant/respondent No. 1, Anita Devi, 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-2 of the application. Ordered accordingly. However, it is made clear that the release of amount shall 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 @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge 4th November, 2025 (raman)