Application sought direct release of a sum of Rs.49,56,056/- deposited in court registry in favour of applicants. The Court allowed the application upon satisfaction that a prior final judgment had modified the earlier award.
Release of the deposited sum of Rs.49,56,056/- to applicants' bank accounts with proportionate interest after verification.
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Smt. Kamlesh Sharma & Ors. vs. Sh. Swaran Singh & Ors.
CMP No. 6936 & 6937 of 2024.
20.05.2024 Present: Mr. R.P. Singh, Advocate, for the applicants/appellants.
Mr. Jagdish Thakur, Advocate, for the non-applicants/respondents No.1 and 2.
Mr. Prashant Sharma, Advocate, for respondent No.3.
CMP No. 6937 of 2024.
Allowed.
CMP No. 6936 of 2024.
Heard. Application is not opposed. It has jointly been stated by the parties that the award dated 18.12.2010 passed by the learned Motor Accident Claims Tribunal-II, Una in MACP No. 13 of 2006 has been modified by this Court vide judgment dated 15.09.2023 passed in FAO Nos. 182 of 2011 and 168 of 2011. It has also been submitted that judgment passed by this Court on 15.09.2023 has attained finality.
As per the Registry, a sum of Rs.49,56,056/- is lying in deposit in the Registry of this Court in FAO No.168 of 2011.
Accordingly, the instant application is allowed and the award amount lying in deposit in the Registry of this Court in FAO No.168 of 2011 is ordered to released in favour of the applicants by
remitting the same directly to their respective saving bank accounts, details of which have been provided in para-3 of the application, in accordance with their shares along with proportionate interest after due verification. Application stands disposed.
(Satyen Vaidya) Judge
20th May, 2024. (Jai)
1 issue framed by the court
Whether the award amount deposited by the Motor Accident Claims Tribunal can be directly released to the applicants.
Kamlesh Sharma & Ors.
Swaran Singh & Ors.
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
