Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 37745 (HP)

NATIONAL INSURANCE CO. LTD. v. ANKIT SANKHYAN

CMP/27631/2025 · 2025-11-27

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

NIC Ltd. Vs. Ankit Sankhyan & ors. a/w connected matter FAO (MVA) No.153 of 2025 a/w FAO (MVA) No.336 of 2024 27.11.2025 Present: Mr. Ishan Sharma, Advocate, for the appellant in FAO (MVA) No.153 of 2025 and for respondent No.2 in FAO(MVA) No.336 of 2024. Mr. Surya Chauhan, Advocate, for respondents No.1, 2(a) to 2(d) in FAO(MVA) No.153 of 2025 and for respondent No.1 in FAO(MVA) No.336 of 2024. Ms. Dhanwanti, Advocate vice Mr. Sanjay Bhardwaj, Advocate, for respondent No.3 in FAO(MVA) No.153 of 2025 and for the appellants in FAO(MVA) No.336 of 2024. Mr.Sanjay Kumar Sharma, Advocate, for respondent No.4 in FAO(MVA) No.153 of 2025 and for respondent No.3 in FAO(MVA) No.336 of 2024. FAO (MVA) No.153 of 2025 Learned counsel for respondents No.1, 2(a) to 2(d) prays for and is granted two weeks’ further time to file Power of Attorney on behalf of respondents NO.2(a) to 2(d). 2. As prayed for, list on 12.11.2025. CMP No.27631/2025 in FAO (MVA) No.153/2025 3. The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.1-Ankit, for release of the awarded amount of compensation. 4. As per the applicant, he is in dire need of money to meet out his day-to-day expenses. Therefore, it is prayed that atleast 50% of the awarded amount of compensation, which is lying deposited in the Registry of this Court, may be released in his favour. The application is duly supported with the affidavit of the applicant. 5. The prayer made in the application is opposed by the learned counsel for the non-applicant/appellant on the ground that in the event of appeal being allowed, it would be difficult for the appellant to recover the amount, so released. 6. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant/respondent No.1, this Court finds it in the interest of justice to release 30% of the amount, alongwith up-to-date interest, in favour of applicant/respondent No.1, out of the total awarded amount of compensation, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to his bank account, details whereof have been given in para-3 of the application. 7. 7. 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 No.1 will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. ( Sushil Kukreja ) Judge November 27, 2025 (V.Himalvi)