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High Court of Himachal Pradesh · body

2025 DAILYLAW 38873 (HP)

Oriental Insurance Company Ltd. v. RADHA D/o Sh. Swaroop Kumar

CMP/28307/2025 · 2025-12-03

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OIC Ltd. Vs. Radha & Ors. FAO No. 331/2024 03.12.2025 Present: Mr. Ishan Sharma, Advocate, for the appellant. Mr. Umesh Kanwar, Advocate, for respondent No. 1. Respondents No. 2 & 3 are ex parte. CMP No. 28307/2025 The present application under Section 151 CPC has been filed on behalf of applicant/respondent No. 1, Radha, for release of the award amount lying deposited in the Registry of this Court. As per the applicant, she sustained 40% permanent disability in the accident and she is urgent need of money to get her house repaired, which was got damaged due to heavy rains. The application is duly supported with the affidavit of the applicant. No reply to the application has been filed. However, learned counsel for the non-applicant/appellant has opposed the prayer for release of amount on the ground that in the event of appeal being allowed, it would be difficult for the Insurance Company to recover the amount, so released. Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant, this Court finds it in the interest of justice to release 50% of the awarded amount, in favour of ….2... applicant/respondent No. 1, Radha, lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification by remitting the same to her bank account, details whereof has been given in para-3 of the application. Ordered accordingly. However, release of amount would be subject to final outcome of the appeal and in the event of appeal being allowed, the applicant/claimant will have to refund the amount, so released, with interest @ 6% per annum. The application stands disposed of. FAO No. 331/2024 Since the appeal already stands admitted, list for final hearing in due course. ( Sushil Kukreja ) Judge 3rd December, 2025 (raman)