Unknown vs Iffco Tokio V. Shakuntala
2022 Latest Caselaw 862 HP

IFFCO Tokio v. Shakuntala CMP No. 220 of 2022 in FAO No. 149 of 2020

.

10.3.2022 Present: Nemo for the non-applicant/appellant.

Mr. B.S. Chauhan, Senior Advocate with Mr. Manish Datwalia, ADvocate, Advocate, for applicant/respondent No.1.

Mr. Ashish Verma, Advocate, for non-

applicant/respondent No.2.

By way of instant application filed under Section

151 CPC, prayer has been made on behalf of the

applicant/respondent No.1, for release of the award amount

lying deposited in the Registry of this court. Despite sufficient

opportunity, no reply has been filed by the non-

applicant/appellant and as such, this Court has no option but

to decide the application at hand on the basis of material

already available on record.

Appeal bearing FAO No.149 of 2020 having been

filed by the non-applicant stands finally decided vide judgment

dated 17.11.2021, whereby award dated 31.12.2019, passed by

the MACT below in case RBT No. 24-S/2 of 2017, came to be

modified. Sine amount of compensation in the case at hand,

came to be awarded in favour of the respondent-complainant

on account of death of her son, on whom, she was fully

dependent, amount lying deposited in the Registry of this court

deserves to be released. Though there is nothing on record to

suggest that judgment dated 17.11.2021, passed by this Court

has been laid challenge in the superior court of law, but this

court at this stage deems it fit to release 50% of the award

amount, lying deposited in the Registry of this Court.

Consequently, in view of the above, present

.

application is allowed and Registry is directed to release the

50% of the award amount in favour of the applicant, by

remitting the same in her saving bank account, detail whereof

is mentioned in para-9 of the application, subject to verification

by the Accounts Branch. Needless to say, remaining amount

shall be kept in FDRs. Application stands disposed of.

          [




    10th March, 2022                       (Sandeep Sharma),
          Manjit
                  r                            Judge