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High Court of Himachal Pradesh · body

2025 DAILYLAW 36674 (HP)

UNITED INDIA INSURANCE CO. LTD v. VEENA DEVI(DECEASED THROUGH HER LRS)

CMP/25079/2025 · 2025-11-14

Jiya Lal Bhardwaj

body2025

Judgment text

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United India Insurance Company Ltd. vs. Veena Devi & Ors. CMP No. 25079 of 2025 in FAO No. 402 of 2015 14.11.2025 Present: Ms. Nisha Nalot, Advocate, vice Mr. Ishan Sharma, Advocate, for the non-applicant/ appellant. Mr. Jai Ram Sharma, Advocate, for applicant/ respondent No. 1. Ms. Kusum Lata, Advocate, vice Ms. Seema K. Guleria, Advocate, for non-applicant/ respondents No. 2 & 3. CMP No. 25079 of 2025 The instant application has been filed for release of entire amount by applicant/respondent No. 1 namely Abhishek, after decision of the appeal. 2. This Court vide judgment dated 17.09.2025 has disposed of the appeal preferred by non-applicant/appellant, as well as the cross objections preferred by the applicant, and the award passed by Motor Accident Claims Tribunal (II), Una, District Una, (HP) in MAC Petition RBT No. 11/2012, titled Smt. Veena Devi (deceased) through her LR Abhishek versus Sh. Sanjiv Kumar & others, awarding a sum of 55,00,466.23/- along with interest at the ₹ rate of 9% per annum has been modified, thereby awarding a sum of 30,14,466/- along with interest at the rate of 6% ₹ per annum. 3. Though the appeal has partly been allowed on 17.09.2025 and a period of 90 days has not expired, but the counsel representing non-applicant/appellant states at the bar that she does not have any objection in case the application is allowed and the amount in terms of the judgment is released in favour of applicant/respondent No. 1. 4. The learned counsel appearing for applicant/respondent No. 1 has submitted in the application that during the pendency of the appeal a sum of 7,00,000/- ₹ has been released in his favour, vide two different order(s) passed by this Court. 5. I have gone through the orders sheets passed by this Court and vide order dated 04.08.2016, a sum of 2,00,000/- was released in favour of the ₹ applicant/respondent No.1 and thereafter a sum of ₹5,00,000/- was released on 06.01.2021. Since, the counsel representing the non-applicant/appellant fairly submits before this Court that she does not have any objection in case the amount is released in favour of the applicant/respondent No. 1, the application is allowed and the amount falling to the share of applicant/respondent No. 1 in terms of the judgment dated 17.09.2025, passed by this Court, is ordered to be released in his favour after adjusting the amount of 7,00,000/-, which has already been released ₹ in his favour vide abid order(s). 6. In view of the above, the application is allowed and the Registry is directed to release the amount, strictly in terms of the judgment dated 17.09.2025 passed by this Court, in favour of applicant by remitting the same in his bank account, details whereof have been furnished and annexed with the application. The application is accordingly disposed of. ( Jiya Lal Bhardwaj ) Judge 14th November, 2025 (Anurag)