Citation : 2022 Latest Caselaw 639 HP
Judgement Date : 5 March, 2022
National Insurance Company vs. Vandana and others.
.
CMP No. 1902 of 2022 in FAO No. 431 of 2016
05.03.2022 Present Mr. Sanjeev Kumar Suri, Advocate vice counsel of Mr. Jagdish Thakur, Advocate, for the non-
applicant/appellant.
Mr. Raman Sethi, Advocate, for applicant/respondent No.1.
CMP No. 1902 of 2022
By way of instant application filed under Section 151
CPC, prayer has been made on behalf of applicant/respondent No.1,
for release of award amount, falling in her share, lying deposited in
the Registry of this Court.
No reply is intended to be filed to the application by non-
applicant/appellant.
Having perused the averments contained in the
application, which is duly supported by an affidavit, 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, passed by this Court, whereby award passed by learned
MACT below, has been modified. Since, none of the parties to lis have
laid challenge to aforesaid judgment, passed by this Court 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 instant
application.
Consequently, in view of the above, present application is
allowed and Registry is directed to release the award amount with up-
to-date interest falling in the share of applicant/respondent No.1, by
remitting the same in her saving bank account, detail whereof is given
in the copy of pass book, placed on record as Annexure-A, subject to
.
the verification by the Accounts Branch. Application stands disposed
of.
(Sandeep Sharma) Judge
5th March, 2022
(reena)
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