New India Assurance Co. Ltd. vs . Kanta
2022 Latest Caselaw 5693 HP

New India Assurance Co. Ltd. vs. Kanta

.

Singha and connected matter

FAO Nos. 60 & 258 of 2017

15.07.2022 Present: Mr. Raman Sethi, Advocate for the

appellant/non-applicant.

Mr. Sanjay Bhardwaj, Advocate for respondents No. 1 and 2/applicants.

CMP No. 9008/2022 in FAO No. 60/2017 CMP No. 9009/2022 in FAO No. 258/2017

By way of these applications, a prayer has

been made for release of the entire balance of awarded

amount as deposited by the insurer in this Court in FAO

No. 60 of 2017 along with enchanced amount deposited in

FAO No. 258 of 2017 by insurer in pursuance to the

judgment passed by this Court on 29.04.2022.

of 2017, a total sm of Rs. 14,38,752/- was deposited by

the insurer, out of which a sum of Rs.4,00,000/- has

already been released in favour of the applicants. A sum

of Rs. 6,64,212/- has additionally been deposited by the

insurer in FAO No. 258 of 2017 in pursuance to judgment

passed by this Court, as noticed above.

3. The applicants are entitled to the awarded

amount in equal proportion. Learned counsel for the

insurer has submitted that the insurer has no objection in

case the amount deposited in this Court in FAO No. 60 of

2017 and FAO No. 258 of 2017 is released in favour of the

applicants.

4. Accordingly, the applications are allowed. The

.

entire balance amount lying in deposit in the Registry of

this Court in FAO No. 60 of 2017 and FAO No. 258 of

2017 along-with up-to-date interest accrued thereon be

released in favour of the applicants by remitting the

amount falling in their respective shares, in their

respective bank accounts, details whereof have been

provided in para 4 of CMP No. 9008 of 2022 after due

verification.

5. Learned counsel for the applicants has

submitted that the insurer has not deposited the entire

enhanced amount in terms of judgment of this Court

passed in FAO No. 258 of 2017. Learned counsel for the

insurer has disputed this petition. The applicants shall be

at liberty to take appropriate steps in accordance with law

for the recovery of balance amount, if any.

Both the applications stand disposed of.

     July 15, 2022                                   ( Satyen Vaidya )
          (naveen)                                         Judge