Disposed

Icici Lombar Gic v. Soni Devi

Himachal Pradesh HC2 May 2017CMP/1391/2017

Case brief

AI extract

What is this about?

The court disposed of an application seeking release of motor accident compensation deposited. Considering the age and peculiar circumstances of the daughters, the court ordered the release of fifty percent of their share along with the full share of the minors through their individual saving bank accounts.

What did the court decide?

Order released 50% of Soni Devi's share and full shares of Jai Singh and Kamla Devi via individual bank accounts along with interest.

Icici Lombar Gic Vs Soni Devi — Motor Accident Claims | Himachal Pradesh HC (2017)

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CMP No. 1391 of 2017 in FAO 2010

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No.422 of

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2.5.2017 Present: Mr. Divya Raj Singh Advocate, vice Mr. Jagdish Thakur, Advocate, for the appellant.

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Mr. Bhupinder Ahuja, Advocate, for respondents No. 1 to 5

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CMP No. 1391 of 2017

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The present application is maintained by the applicant for releasing the amount of compensation lying deposited before this Court in favour of respondents No. 1 to 3 . As per the applicants, application under Section 151 of the Code of Civil Procedure has been filed for releasing of amount by applicant/respondent No. 1 to 3, qua their share. The claim amount lying deposited before this Court and claim amount deposit by the non-applicant/appellant. It is averred in the application that vide judgment dated 5^th July 2016, this Court dismissed the above mentioned appeal of Nonapplicant/Appellant, hence this application of release of motor accident claim is filed by applicant/respondent No. 1 to 3 . The applicant/respondent No. 1 to 3 are major and best of their constitution of mind and body. It is further averred that the learned Tribunal below vide award dated 9^th July 2010, awarded award amount minus consortium amount equal to the all claimants and consortium amount to the widow of the deceased. Learned counsel appearing for the appellant/non applicant states that New India Assurance

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Company do not want to file reply to the application and he has no objection for releasing the amount and amount may be released, as per the need of the applicants. Heard. After taking into consideration the fact that application is duly supported with the affidavits of Smt. Soni Devi, Sh.Jai Singh and Smt. Kamla Devi. Smt. Kamla Devi and Sh. Jai Singh are 67 and 72 years of age, so this Court, finds that interest of justice, will met, in case the share of Sh. Jai Singh and Smt. Kamla are released to them through their individual Saving Bank Accounts. At the same point of time, Smt. Soni Devi is 35 years of age. Taking into consideration the fact that she has to live her life, it will be expedient and in the interest of justice, if 50% of her share is released to her, at this moment. Accordingly, the application stands disposed of by ordering that 50% amount of share of Smt. Soni Devi and whole amount of share of Sh. Jai Singh and Smt. Kamla Devi be released to them through their individual Saving Bank Account alongwith proportionate interest. Application stands disposed of .

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( Chander Bhusan Barowalia) Judge

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May 2, 2017( veena )

Icici Lombar Gic v. Soni Devi

Case brief

What is this about?

What did the court decide?

Icici Lombar Gic v. Soni Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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