Extracted from the PDF above. The PDF is authoritative.
National Insurance Company vs. Riya Thakur & Ors. FAO No. 16 of 2015 14.11.2025 Present: Ms. Sunita Sharma, Senior Advocate with Ms. Sungadh Verma, Advocate, for the appellant. Ms. Anita, Advocate, vice Ms. Anu Tuli Azta, Advocate, for respondents No. 1 & 2/ applicants. CMP No. 22454 of 2025 Applicants/Respondents No. 1 & 2, have filed the present application for release of the amount. The appeal preferred by the non-applicant/appellant has partly been allowed by this Court, vide judgment dated 06.08.2025, whereby the award passed by the Tribunal below, was modified and respondents No. 1 & 2/claimants were held entitled to compensation of 2,00,000/- on ₹ account of death of deceased Rajan Thakur along with interest at the rate of 9% per annum from date of filing of the petition till actual realization. 2. The Tribunal below had awarded a total sum of 2,50,000/- in favour of applicants/respondents No.1 and 2, ₹ to be apportioned between them in equal shares. 3. During the pendency of the appeal, applicant/respondent No. 1 namely Riya Thakur had filed an application for release of the amount and in terms of the
order dated 16.03.2016 passed by this Court, 50% share was released in her favour along with up to date interest. 4. Applicants/respondents No. 1 & 2 after disposal of the appeal have preferred the instant application for release of the amount on 27.08.2025 and the reason assigned for release of the amount was that one of the applicants namely Gunjan Thakur is going to get married on
22.10.2025. 5. When the application was listed before this Court on 19.09.2025, the learned Senior Counsel appearing for non-applicant/appellant had sought time to file reply to the application, which was granted. Thereafter, the matter was listed on 09.10.2025, when again a prayer was made to file reply to the application which was accepted. Lastly, when the matter was listed before the Court on 17.10.2025, three weeks’ further time was granted to file reply to the application and the Court had not released the amount for the reason that a period of 90 days had not expired. 6.
Since the period of 90 days has now expired on 06.11.2025 and despite various opportunities being granted to the non-applicant/appellant, no reply has been filed, in the interest of justice, the present application is allowed and half of the amount falling to the share of applicant No. 2 namely Gunjan Sharma is ordered to be released in her favour along with up to date interest by remitting the same in her
bank account, as per the details furnished along with the application, vide Annexure A-1, as per the judgment dated 06.08.2025 passed by this Court. So far the amount falling in the share of applicant/respondent No. 1 namely Riya Thakur is concerned, as per order dated 16.03.2016, she has already been released 50% of the share along with up to date interest in her favour. 7. As noticed above, this Court has modified the award and only a sum of 1,00,000/- each has been ₹ awarded in favour of the applicants/ respondents No. 1 & 2. The Registry is directed to remit only that amount, which falls in the share of applicant/respondent No. 1, in terms of the judgment dated 06.08.2025, passed by this Court along with up to date interest. 8. In view of the above, application is allowed in the aforesaid terms and is disposed of accordingly. ( Jiya Lal Bhardwaj ) Judge 14th November, 2025 (Anurag)