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High Court of Himachal Pradesh · body

2025 DAILYLAW 34309 (HP)

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD v. BIMLA DEVI

CMP/15911/2025 · 2025-11-18

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cholamandalam MS GIC Ltd. Vs. Bimla Devi and others FAO (MVA) Nos.260 of 2023 18.11.2025 Present: Ms. Monika Singh, Advocate, vice Mr. Virender Sharma, Advocate, for the appellant. Mr. Pawanish K. Shuklta, Advocate vice Mr. Vivek Chandel, Advocate, for respondents No.1 to 3. Respondent No.4 already ex-parte. CMP No.15911 of 2025 The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.1, namely, Bimla Devi, for release of the awarded amount. 2. As per the applicant, she requires the money for her medical treatment as well as for the repair of her house, which is in dilapidated condition. Therefore, it is prayed that the awarded amount of compensation alongwith up-to-date interest, be released in her favour. The application is duly supported with the affidavit of the applicant. 3. The prayer made in the application is opposed by the learned vice counsel for the non-applicant/appellant 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 are duly supported with the affidavit of the applicant/respondent, this Court finds it in the interest of justice to release 25% of the amount in favour of the applicant/respondent, out of the total awarded amount of compensation, which is lying deposited before the Court of Commissioner, Under Employee’s Compensation Act, Court No.1, Sarkaghat, District Mandi, HP., after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in para-4 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 will have to refund the amount, so released, with interest @ 6% per annum. 6. The application stands disposed of. ( Sushil Kukreja ) Judge November 18, 2025 (Kiran)