National Insurance Company vs Vandana And Others
2022 Latest Caselaw 438 HP

National Insurance Company versus Vandana and others

.

CMP No.1502 of 2022 in

FAO No.431 of 2016 28.02.2022 Present Mr. Munish Kumar, Advocate vice Mr. Jagdish Thakur, Advocate, for the non-applicant/appellant.

Mr. Raman Sethi, Advocate, for applicants/ respondents No.2 and 3.

By way of instant application filed under Section

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

on behalf of applicants/respondents No.2 and 3 for release

of the award amount lying deposited in the Registry of this

Court. No reply is intended to be filed on behalf of non-

applicant/appellant.

Having heard learned counsel representing the

parties and perused the material available on record, this

Court finds that appeal bearing FAO No.431 of 2016,

having been filed by the non-applicant/ appellant, stands

finally decided vide judgment dated 18.12.2021 by this

Court, whereby award passed by learned Motor Accident

Claims Tribunal has been 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

impediment in accepting the prayer made in the

application. Moreover, this Court finds from the record that

on the request of learned counsel representing non-

applicant/appellant amount deposited in excess has been

already ordered to be released vide order dated 7.1.2022

passed in CMP No.202 of 2022.

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 applicants/ respondents No.2 and 3, strictly as per their

shares, by remitting the same in their saving bank

accounts, details whereof are given in the copy of pass

book placed on record alongwith the application, subject to

the verification by the Accounts Branch. Needless to say,

remaining amount of other persons shall be kept in FDRs

till further order. The Application stands disposed of.

(Sandeep Sharma)

Judge 28th February, 2022 (shankar)