Himachal Pradesh High Court
CMP/23259/2026 of IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs RAJ KUMARI on 25 September 2026
General Insurance Co. Ltd. Vs. Raj Kumari and Ors. CMP No.23259 of 2026 in FAO(MVA) No.72 of 2018 25.09.2026 Present: Mr. Jagdish Thakur, Advocate, for the applicant/appellant. Mr. Naresh Kaul, Advocate, for respondents No.1 to 4. Mr. Harsh Vardhan, Advocate, for respondent No.5. The present
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IFFCO TOKIO General Insurance Co. Ltd. Vs. Raj Kumari and Ors.
CMP No.23259 of 2026 in FAO(MVA) No.72 of 2018
25.09.2026 Present: Mr. Jagdish Thakur, Advocate, for the applicant/appellant.
Mr. Naresh Kaul, Advocate, for respondents No.1 to 4.
Mr. Harsh Vardhan, Advocate, for respondent No.5.
The present application has been filed on behalf of the applicant-Insurance Company seeking refund of excess amount deposited in the case at hand.
Vide award dated 01.09.2017, the learned Motor Accident Claims Tribunal-IV, Kangra at Dharamshala in MACP No.40-D/II/2012 had awarded a sum of Rs.14,16,000/- along with interest @ 9% per annum from the date of filing of the petition till its deposit.
On appeal, the aforesaid amount was reduced by a Coordinate Bench of this Court vide judgment dated 02.04.2025. The amount of Rs.14,16,000/- awarded by the learned Motor Accident Claims Tribunal was reduced to Rs.10,84,000/-.
In view of the aforesaid facts and attending circumstances, refund of Rs.3,32,000/-, i.e., the excess amount along with interest accrued thereupon, is sought to be refunded.
In my considered view, in the facts narrated hereinabove, there is no impediment in allowing the present application and permitting refund of the excess amount deposited along with interest accrued thereupon.
The application stands disposed of in the aforesaid terms.
(Bipin C. Negi) Judge 25th September, 2026
(Gaurav Rawat)