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High Court of Himachal Pradesh · body

2026 DAILYLAW 10306 (HP)

ICICI LOMBARD GENERAL INSURANCE COMPANY LTD v. RAJ KUMARI AND ORS

CMP/11725/2026 · 2026-05-29

Bipin Chander Negi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ICICI vs. Raj Kumari and others CMP No.11725 of 2026 in FAO No.41 of 2023 29.05.2026 Present: Ms. Raksha Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for the non-applicant/ appellant. Mr. Surinder Saklani, Advocate, for the applicants/ respondents No.1 to 3/applicant in CMP No.11725 of 2026. None for respondent No.4. Mr. Ajay Chandel, Advocate, for respondents No.5 and 6. CMP No.11725 of 2026 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case the present application is allowed and the amount lying deposited in the Registry of this Court, is ordered to be released in favour of the applicant. The award, in the case at hand, was passed by the Employee’s Compensation Commissioner (1), Sarkaghat, District Mandi vide order dated 31.08.2022. The appeal preferred thereto was decided on 28.10.2025. However, in appeal, directions issued by the concerned Employee’s Compensation Commissioner (1), Sarkaghat, District Mandi to the effect that the Insurance Company was held liable to pay penality of Rs.1,00,000/- along-with interest at the rate of 12%, was set aside. As has already been stated supra, post passing of the award by the Employee’s Compensation Commissioner (1), Sarkaghat, District Mandi, on 31.08.2022, on filing of the present appeal, entire compensation amount had been deposited. In view of the aforesaid deduction ordered by a Co-ordinate Bench, in appeal, the amount lying deposited in the Registry of this Court, to the extent of the modification, needs to be refunded to the appellant/non-applicant, for which an appropriate application can be filed. As ordered vide order dated 10.04.2026, amount deposited qua the shares of respondents No.2 and 3 already stands released. The balance amount be released in favour of the applicant along-with proportionate interest accrued thereupon by remitting the same in her bank account, detailed in Paragraph-2 of the application, subject to proper verification of her identity. The application stands disposed of. ( Bipin C. Negi ) May 29, 2026 (KS) Judge