3.2021 Present: Mr. Jagdish ... vs Mr. Manoj Verma
2021 Latest Caselaw 1471 HP

CMP No. 979 of 2021 in FAO(MVA) No. 191 of 2014

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1.3.2021 Present: Mr. Jagdish Thakur, Advocate, for the applicant/appellant.

Mr. Manoj Verma, Advocate, for respondent No.1.

Mr. Pratap Singh Goverdhan, Advocate, for respondents Nos. 2 and 3.

CMP No. 979 of 2021

By way of instant application, prayer has been

made on behalf of the appellant-Insurance Company for refund

of the amount deposited in excess by it at the time of admission

of appeal. Learned counsel for the respondents state that they

do not intend to file reply to the application and have no

objection in case prayer made therein is allowed. Learned

counsel for respondent No.1 states that since main appeal

having been filed by the appellant-Insurance Company stands

finally decided and no further appeal etc., whatsoever, has been

filed in superior court of law, award amount lying deposited in

the Registry of this Court may also be released in favour of the

respondent No.1.

Having heard learned counsel for the parties and

perused the material available on record, this Court finds that

FAO(MVA) No. 191 of 2014 having been filed by the appellant-

Insurance Company laying therein challenge to Award dated

14.8.2013 passed by learned Motor Accident Claims Tribunal-I,

Solan, Himachal Pradesh camp at Nalagarh in M.A.C. Petition

No. 10-S/2 of 2011 stands finally decided vide judgment dated

12.10.2020 passed by this Court. Since none of the parties has

laid challenge to the aforesaid judgment rendered by this Court,

same has attained finality, as such, there appears to be no

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impediment in accepting the prayer made on behalf of appellant

as well as respondent No.1.

Consequently, in view of above, present application

is allowed. Registry is directed to refund the amount, if any,

deposited in excess by the appellant-Insurance Company at the

time of admission of the appeal and remit the same into the

bank account of the appellant-Insurance Company, detailed in

para-4 of the application. Registry is also directed to release the

award amount lying deposited with it in favour of respondent

No.1 and remit the same into his saving bank account, details

whereof shall be supplied by learned counsel for respondent

No.1 to the Registry within a week.

Needless to say, Registry, while carrying out

aforesaid exercise, shall take into consideration the judgment

dated 12.10.2020, rendered by this Court, whereby award

passed by learned Tribunal below has been modified.

Application stands disposed of.

(Sandeep Sharma) Judge March 1, 2021 (vikrant)