Application for refund of excess award amount deposited in Court registry after modification of Tribunal award by this Court was allowed and Registry directed to refund amount with interest.
Registry directed to refund excess amount deposited along with interest to the applicant-appellant.
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United India Insurance Company Vs. Sarla and others
CMP No.5636 of 2022 in FAO No.426 of 2017
8.07.2022 Present
Mr. Jagdish Thakur, Advocate, for the applicant/ appellant.
Ms. Shwani Tegta, Advocate vice Ms. Anjali Soni Verma, Advocate, for non-applicants/respondent No.1 and 2.
By way of the instant application, prayer has been made on behalf of the applicant-appellant for refund of excess amount lying deposited in the Registry of this Court. No reply is intended to be filed on behalf of the non-applicants/respondents.
Careful perusal of the averments contained in the application, which is duly supported by an affidavit, reveals that appeal bearing FAO (MVA) No. 426 of 2017, having been filed by the applicant/appellant, came to be partly allowed vide judgment dated 4.3.2022 passed by this Court, as a consequence of which, amount awarded by Motor Accident Claims Tribunal below came to be modified. By way of instant application, prayer has been made on behalf of the applicant-appellant for refund of the excess amount lying deposited in the Registry of this Court.
Consequently, in view of the above, the present application is allowed and Registry is directed to refund the excess amount, if any, deposited by the applicant-appellant alongwith up-to-date interest, by remitting the same in its bank account, details whereof are given in para-5 of the application, subject to the verification by the Accounts Branch. Needless to say, Registry while doing the needful in terms of instant order, shall take into consideration the judgment dated 4.3.2022 passed by this Court, whereby award amount awarded by learned tribunal below has been modified, as a consequence of which, some amount is liable to be refunded to the applicant-appellant, who had at first instance deposited the entire award amount alongwith upto date interest. The application stands disposed of.
(Sandeep Sharma) Judge
8th July, 2022 (shankar)
1 issue framed by the court
Whether an application for refund of excess amount deposited in the Registry following a modification of the award by the Court should be allowed.
United India Insurance Company
Sarla and others
Sandeep Sharma
Shankar
As recorded by the court registry
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