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High Court of Himachal Pradesh · body

2025 DAILYLAW 34075 (HP)

National Insurance Company Ltd v. Fulma Devi Wd/o Sh Gian Singh

CMP/26219/2025 · 2025-12-08

Sushil Kukreja

body2025

Judgment text

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NIC Ltd. Vs. Fulma Devi & Ors. FAO No. 109/2023 08.12.2025 Present: Ms. Sugandh Verma, Advocate, vice Mr. Jagdish Thakur, Advocate, for the appellant. Mr. Sarthak Upadhyay, Advocate, vice Mr. Mukesh, Advocate, for respondents No. 1 to 4 and Mr. Manoj Kumar, Advocate, for respondents No. 5(i) to 5(iv). CMP No. 26219/2025 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 to 4, for release of the award amount lying deposited in the Registry of this Court. As per the applicants, they need money to meet out their day to day expenses and to repay the amount, which they borrowed from their relatives and friends. The application is duly supported with the affidavits of all the applicants. 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 with the affidavits of all the applicants, this Court finds it in the interest of justice to release 50% of the awarded amount, falling in ...2... the respective shares of applicants/respondents No. 1 to 4, lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification by remitting the same to their bank accounts, details whereof have been given in para-5 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 applicants/claimants will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 109/2023 Since the appeal already stands admitted, list for final hearing in due course. ( Sushil Kukreja ) Judge 8th December, 2025 (raman)