Uttarakhand High Court
AO/80/2014 on 7 January, 2021
HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 7TH DAY OF JANUARY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Appeal From Order No. 80 of 2014
BETWEEN:
1. National Insurance Company Limited, through
its Manager, Divisional office -5/222, Canal
Road, Tikonia, Tehsil Haldwani, District
Nainital
....Petitioners
(By Sri Lalit Belwal, Advocate)
AND:
1. Shri Geetaram Joshi, S/o Shri Prabhu Ram
Joshi, R/o 110, Chowk Bazaar, Chakraata,
Tehsil Chakraata, District Dehradun
2. Shri Chaman Singh, S/o Shri Sant Ram, R/o
Village Chhirbaa, Tehsil Chakraata, District
Dehradun
.....Respondents
(By Sri J.S. Virk, Advocate for respondent no. 1)
ORDER
Today, matter is listed on money
withdrawal application filed by claimant/respondent
no. 1. Prayer made in the said application is to
permit respondent/claimant no. 1 to withdraw the
amount deposited by the appellant in the Registry
of this Court.
2. Mr. Lalit Belwal, learned counsel
appearing for the appellant submits that appellant
has deposited a sum of `9,19,233/- in addition to
statutory amount of `25,000/-.
3. It transpires that respondent no. 1 was
injured in a road accident. He filed a claim petition,
which was allowed by learned Motor Accident
Claims Tribunal, Vikasnagar, vide judgment dated
29.11.2013 and sum of `7,76,631/- was awarded in
his favour as compensation. This Court vide order
dated 19.03.2014 directed the appellant to deposit
entire amount within five weeks, out of which, 50%
amount was directed to be released in favour of
claimant and rest amount was directed to be
invested in Fixed Deposit in a Nationalised Bank.
4. Ultimately, parties have entered into
compromise, as is apparent from the compromise
arrived at between the parties on 13.07.2019 in
National Lok Adalat. From the compromise, it is
apparent that the claimant had waived interest on
the awarded amount and the appellant had agreed
to withdraw the appeal. Accordingly, appeal was
disposed of in terms of the compromise vide order
dated 13.07.2019.
5. It is the contention of learned counsel for
the claimant that a sum of `4,72,116/- has been
released in favour of the claimant pursuant to order
dated 19.03.2014. However, remaining amount is
still lying with the Registry of this Court.
6. Mr. Lalit Belwal, learned counsel for the
appellant submits that since the total awarded
amount was `7,76,631/-, out of which a sum of
`4,72,611/- has already been released in favour of
the claimant, therefore, claimant is entitled only to
the remaining amount i.e. `3,04,020/-. He,
therefore, submits that he has no objection, if the
sum of `3,04,020/- is released in favour of the
claimant.
7. Mr. J.S. Virk, learned counsel appearing
for the claimant also has no objection to the
submission made by Mr. Lalit Belwal, learned
counsel for the appellant.
8. Accordingly, Money Withdrawal
Application (MCC No. 597 of 2020) is allowed.
Registry is directed to release a sum of `3,04,020/-
through Cheque/Bank Draft in favour of the
claimant, which shall be handed over to Mr. J.S.
Virk, learned counsel for the claimant. Registry is
further directed to refund the remaining amount,
including statutory amount, in favour of the
appellant through cheque.
(Manoj K. Tiwari, J.)
Aswasl
