CMP/6536/2021
2021 Latest Caselaw 2938 HP

CMP No.6536 of 2021 in FAO No.4010 of 2013

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22.6.2021 Present: Mr. Maan Singh Advocate, for the applicant/appellant.

Mr. Jagdish Thakur, Advocate, for non- applicant/respondent No.3.

Through video-conferencing

By way of instant application filed under Section

151 of the Code of Civil Procedure, prayer has been made on

behalf of applicant/appellant for release of the award

amount lying deposited in the Registry of this Court.

Learned counsel representing the non-applicant/

respondent No.3, states that he does not intend to file any

reply to the application and has no objection in case the

prayer made in the application is allowed.

Having carefully perused the averments contained

in the application, which is duly supported by an affidavit,

this Court finds that appeal bearing FAO No.4010 of 2013,

having been filed by the applicant/ appellant, stands finally

decided by this Court vide judgment dated 1.4.2021,

wherein award dated 29.4.2013 passed by Motor Accident

Claims Tribunal-II, Kullu, District Kullu, H.P. in claim

petition No.31 of 2011 was partly modified. Since, no appeal

whatsoever has been filed against the aforesaid judgment

by either of the parties in the superior Court of law, same

has attained finality and as such, this Court sees no

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impediment in accepting the prayer made in the

application.

Consequently, in view of the above, the present

application is allowed and Registry is directed to release the

award amount alongwith upto date interest in favour of the

applicant/appellant, by remitting the same in her saving

bank account, details whereof are given in para-4 of the

application, subject to the verification by the Accounts

Branch. The Application stands disposed of.

(Sandeep Sharma), Judge June 22, 2021

(shankar)