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High Court of Himachal Pradesh · body

2025 DAILYLAW 36436 (HP)

ORIENTAL INSURANCE COMPANY LTD v. Rekha Devi and Others

CMP/26214/2025 · 2025-11-11

Satyen Vaidya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Oriental Ins. Co. Ltd. vs. Smt. Rekha Devi & Ors. FAO No. 343 of 2019. 09.12.2025 Present: Ms. Shruti Dubey, Advocate, vice counsel for the appellant/non-applicant. Ms. Anjali Soni Verma, Advocate, for the applicants/respondents No.1 to 4. CMP No. 26214 of 2025. This application has been filed by the applicants/respondents No.1, 3 and 4 in FAO No. 343 of 2019, decided by this Court vide judgment dated 23.07.2025. On 11.11.2025, this Court had passed the following order:- “By way of this application, applicants/ respondents No. 1, 3 and 4 in FAO No. 343 of 2019 have prayed for release of award amount. The non-applicant/appellant has no objection in granting the prayer made in the application. Accordingly, the application is allowed. The award amount lying in deposit in the Registry in FAO No. 343 of 20198 is ordered to be released in favour of applicants/respondents No. 1, 3 and 4 according to their respective shares along with proportionate interest accrued thereon by remitting the same to their respective bank accounts, as detailed in paras-4 to 6 of the application, after due verification. The application stands disposed of.” Thereafter, Registry had raised certain objections/queries and it was pointed out that as per the award passed by the Motor Accidents Claims Tribunal, applicant/respondent No.3 Sandeep Kumar had not been awarded any compensation. The applicant/respondent No.3, however, had become entitled to part of compensation as legal heir of deceased Claimant No.2 Smt. Amaravati. Since, there was nothing on record on the basis of which share of deceased claimant No.2 Amaravati could be apportioned, the applicants were required to file supplementary afÏdavit. Supplementary afÏdavit has been filed, according to which deceased claimant No.2 Amaravati had executed a Will. Copy of Will has been placed on record and on its basis, it has been claimed that the share of deceased claimant No.2 Amaravati in the compensation amount would devolve upon the applicants No.3 and 4. Perusal of copy of Will placed on record along with supplementary afÏdavit reveals that deceased claimant No.2 Amaravati has another son named Rajkumar and he is also beneficiary to the estate of deceased Amaravati to some extent. That being so, this Court, at this stage, cannot apportion the compensation amount falling to the share of deceased claimant No.2 Amaravati on the basis of alleged Will unless the son of Amaravati, namely, Rajkumar agrees for such disbursement. In this view of the matter, at this stage, no order can be passed for release of compensation amount awarded to deceased Amaravati and accordingly, order dated 01.12.2025 passed by this Court shall stand modified. Remaining part of the compensation amount lying in deposit in the Registry of this Court shall be released in favour of applicant/respondents No.1 and 4 in FAO No.343/2019 as per their respective shares along with proportionate upto date interest by remitting the same to their respective bank accounts as already ordered on 11.11.2025. Learned counsel for the applicants further seeks two weeks’ time to place on record the afÏdavit of Rajkumar. List on 26th December, 2025. (Satyen Vaidya) Judge 9th December, 2025. (Jai)