A single judge allowed the applicant's application for release of her share of compensation awarded by the Motor Accident Claims Tribunal in a motor accident case.
Release of the applicant's share of the compensation amount along with entire up-to-date interest to her bank account.
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Oriental Insurance Co. Ltd. vs. Achari Devi & Ors.
CMP No. 1161 and 1162 of 2024.
10.04.2024 Present: Mr. H.C. Sharma, Advocate, for the applicant.
None for the non-applicants.
None has appeared for non-applicants
despite service.
The instant application bearing CMP No. 1161 of 2024 has been filed on behalf of one Smt. Sunita daughter of Shri Parma Nand, resident of Village Nagpur, P.O. Dharech, Tehsil Theog, District Shimla, H.P. for release of amount awarded to her by learned Motor Accident Claims Tribunal, Shimla, vide award dated 30.03.2011 in MAC Petition No. 33-S/2 of 2008. Though, applicant herein Smt. Sunita was not a party in the aforesaid motor accident claims petition, however, learned Tribunal held her also entitled to the compensation in following terms:-
The award passed by the learned Tribunal has been affirmed vide judgment dated 7.4.2017 except for modification in the rate of interest.
It appears that the non-applicants have nothing to say in the matter. Accordingly, the instant application is allowed. The amount of award falling to the share of applicant Smt. Sunita is ordered to be released in her favour along with entire upto date interest accrued thereon by remitting the same to her bank account, details of which have been provided in para-3 of the application after due verification.
Both the applications stand disposed of.
(Satyen Vaidya) Judge
10th April, 2024. (Jai)
1 issue framed by the court
Whether the applicant Smt. Sunita is entitled to release of her share of compensation awarded by the Motor Accident Claims Tribunal.
2 provisions across 2 enactments
Oriental Insurance Co. Ltd.
Sunita
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
