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High Court of Himachal Pradesh · body

2025 DAILYLAW 33148 (HP)

New India Assurance Co. Ltd. v. MOHINDER VERMA S/o Sh. Balak Ram

CMP/23358/2025 · 2025-11-03

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIAC Ltd. Vs. Mohinder Verma & Ors. FAO (MVA) No. 347 of 2024 03.11.2025 Present: Mr. B.M.Chauhan, Senior Advocate with Ms.Kamakshi Tarlokta & Mr. Amit Himalvi, Advocates, for the appellant. Ms. Monika Singh, Advocate, for respondent No.1. Ms. Reeta Thakur, Advocate, for respondent No.2. Mr. Virender Sharma, Advocate, for respondents No.3 to 7. CMP No. 23358 of 2025 The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.1-Mohinder Verma, for release of the awarded amount, lying deposited in the Registry of this Court. 2. As per the applicant, he is not having good health and requires the money for his treatment and also to meet out his day-to-day expenses. Therefore, it is prayed that at least 50% of the awarded amount of compensation alongwith up-to- date interest, be released in his favour. The application is duly supported with the affidavit of the applicant. 3. In the reply filed by the non-applicant/appellant, the prayer made in the application has been opposed 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. 4. Heard. Having perused the averments made in the application, which is duly supported with the affidavit of the applicant/respondent No.1, this Court finds it in the interest of justice to release 50%, out of the awarded amount of compensation, in favour of applicant/respondent No.1, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to his 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, applicant/respondent No.1 will have to refund the amount, so released, with interest @ 6% per annum. 6. The application stands disposed of. ( Sushil Kukreja ) Judge November 03, 2025 (V.Himalvi)