Himachal Pradesh High Court
CMP/24579/2025 of NEW INDIA ASSURANCE COMPANY LTD Vs Suman Kumari on 31 December 2025
Suman Kumari & ors. FAO (MVA) No. 12 of 2025 31.12.2025 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the appellant. Mr. Dhiraj Thakur, Advocate, for respondent No.1. Mr. Abhishek Sharma, Advocate, for respondents No.2 and 3. CMP No. 24579 of 2025 The instant
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NIAC Ltd. Vs. Suman Kumari & ors. FAO
(MVA)
No.
12 of 2025
31.12.2025 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi Tarlokta, Advocate, for the appellant. Mr. Dhiraj Thakur, Advocate, for respondent No.1. Mr. Abhishek Sharma, Advocate, for respondents No.2 and 3. CMP No.
24579
of 2025
The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.1 for release of the awarded amount of compensation.
2. As per the applicant, she is in dire need of money to meet out her day-to-day expenses. Therefore, it is prayed that the awarded amount of compensation, which is lying deposited in the Registry of this Court, may be released in her favour.
3. In the reply filed by the non-applicant/appellant, the 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.
4. 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 the 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 her bank account, details whereof have been given in para-5 of the application.
5. 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.14 will have to refund the amount, so released, with interest @ 6% per annum.
The application stands disposed of.
( Sushil Kukreja )
Judge December 31, 2025 (V.Himalvi)