Extracted from the PDF above. The PDF is authoritative.
New India Assurance Co. Ltd. Vs. Banti Devi & Ors.
FAO No. 129/2025 22.07.2026 Present: Mr. Ishan Sharma, Advocate, for the appellant. Ms. Rajni Gandhi, Advocate, vice Mr. Rajiv Rai, Advocate, for respondents No. 1 to 4. None for respondent No. 5. Ms. Archana Negi, Deputy Advocate General, for respondents No. 6 & 7/State.
CMP No. 17734/2026 The present application under Section 151 CPC has been filed on behalf of applicants/respondents No. 1 to 4, for release of the award amount lying deposited in the Registry of this Court, alongwith up-to- date interest. As per the applicants, they need money to meet out their day to day expenses, as the deceased was the breadwinner of the family and after his death, the applicants are facing financial hardships. The application is duly supported by the affidavits of all the applicants. No reply to the application has been filed, however, prayer made in the application has been opposed 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 is duly supported by the affidavits of
all the applicants, this Court finds it in the interest of justice to release 30% of the awarded amount (each), in favour of applicants/respondents No. 1 to 4, as per their respective shares, lying deposited in the Registry of this Court, alongwith up-to-date interest, after proper verification and identification, by remitting the same to their bank accounts, details whereof have been mentioned in para-7 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 applicants/claimants will have to refund the amount, so released, with interest. The application stands disposed of. ( Sushil Kukreja ) Judge 22nd July, 2026 (raman)