Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 36863 (HP)

United India Insurance Company v. Savita and others

CMP/29296/2025 · 2025-12-18

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

United India Insurance Company Ltd. vs. Savita & Ors. FAO No.88 of 2023 18.12.2025 Present: Mr. Bhart Bhardwaj, Advocate vice Dr. Lalit K. Sharma, Advocate, for the appellant. Mr. Balvinder Singh Ballu, Advocate, for respondent Nos. 1 to 4. CMP No.29296 of 2025 The instant application has been filed on behalf of applicant/respondent No.1, Savita, for release of 50% of the awarded amount in her favour, as lying deposited in the Registry of this Court. As per the applicant, she is in urgent need of money and as the main appeal is pending adjudication before this Court, which may take some time for its disposal, her prayer for release of amount of compensation, as lying deposited in the Registry of this Court. may be accepted and the amount, as prayed for, may be ordered to be released in her favour. No reply to the application is intended to be filed, however, learned counsel for the non-applicant/appellant, has opposed the application on the ground that if the amount, as prayed, is released in favour of the applicant/respondent No.1, it would be difficult for it to recover the same in the event of appeal being allowed, which would result into the multiplicity of litigation between the parties. Hence, prayer for dismissal of the application has been made. . Heard. Having perused the averments made in the application, which are duly supported with the affidavit of applicant/respondent No.1, Savita and also in view of the fact that the appeal may take sufficiently long time for its final adjudication, this Court finds it in the interest of justice to release 30% of the awarded amount of compensation in favour of applicant/respondent No.1, Savita, alongwith up-to-date interest, after proper verification and identification by remitting the same to her saving bank account, details whereof has been given in Para-2 of the application. However, the release of amount will be subject to the final outcome of the appeal and in the event of appeal being allowed, applicant/respondent No.1, Savita, will have to refund the amount, so released, with interest. Application stands disposed of. ( Sushil Kukreja ) Judge December 18, 2025 (reena)