Allowed

National Insurance Company Ltd. v. Indu Bala W/o Late Sh Kuldeep Chand

Himachal Pradesh HC18 Jul 2024CMP/972/2024

Case brief

AI extract

What is this about?

The High Court allowed applications by two claimants seeking interim release of funds from a Motor Accident Claims Tribunal award. An amount of Rs.4 Lakhs each was ordered to be remitted to their bank accounts out of the total compensation, subject to conditions.

What did the court decide?

Rs.4 Lakhs ordered to be released and remitted to the bank accounts of Respondents 1 and 4 out of their share of the Tribunal award.

National Insurance Company Ltd. Vs Indu Bala… — Consumer Protection | Himachal Pradesh HC (2024)

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NIC Ltd. Vs. Indu Bala & Ors.

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FAO No.126 of 2023

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18.07.2024 Present: Mr. Jagdish Thakur, Advocate, for the appellant.

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Mr. Mukul Sood, Advocate, for respondents No.1 to 4.

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Respondent No.6 ex-parte.

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CMP No.972 of 2024

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The applicant/respondent No.4 has prayed for

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release of the awarded amount in her favour.

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The applicant was one of the claimants before the learned Motor Accident Claims Tribunal (in short ‘Tribunal’). In terms of the award dated 10.01.2023, the applicant and other three claimants were held entitled to compensation of Rs.73,79,372/- alongwith interest @ 7% per annum from the date of filing of the petition. All the four claimants were held entitled to 1/4^th share in the awarded amount. The amount was awarded on account of death of Sh. Kuldeep Chand, son of respondent No.4 (present applicant), husband of respondent No.1 and father of respondents No.2 & 3. The applicant has submitted that she is an old aged lady of 85 years; She is in need of money; She has not been released any amount till date.

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No reply to the application has been filed by the non-applicant/appellant. Learned counsel for the nonapplicant/appellant, however, submits that he would have

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no objection in case some reasonable amount is released in favour of the applicant/respondent No.4.

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Accordingly, the application is allowed. An amount of Rs.4 Lakhs is ordered to be released in favour of the applicant/respondent No.4 out of her total share in the compensation awarded by the learned Tribunal. The same be remitted in her bank account, particulars whereof have been given in the application.

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It is, however, clarified that the applicant/ respondent No.4 shall not claim any equity in her favour on the basis of aforesaid release of the amount and shall be liable to face legal consequences in case the final decision is rendered against her.

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The application stands disposed of.

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CMP No.1385 of 2024

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The applicant/respondent No.1 has prayed for

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release of the awarded amount in her favour.

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husband of respondent No.1 (present applicant), father of respondents No.2 & 3 and son of respondent No.4. The applicant has submitted that she is in dire need of money to meet day-to-day expenses and has not been released any amount till date.

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No reply to the application has been filed by the non-applicant/appellant. Learned counsel for the nonapplicant/appellant, however, submits that he would have no objection in case some reasonable amount is released in favour of the applicant/respondent No.1.

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Accordingly, the application is allowed. An amount of Rs.4 Lakhs is ordered to be released in favour of the applicant/respondent No.1 out of her total share in the compensation awarded by the learned Tribunal. The same be remitted in her bank account, particulars whereof have been given in the application.

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It is, however, clarified that the applicant/ respondent No.1 shall not claim any equity in her favour on the basis of aforesaid release of the amount and shall be liable to face legal consequences in case the final decision is rendered against her.

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The application stands disposed of.

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Jyotsna Rewal Dua Judge

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July 18, 2024 Mukesh

National Insurance Company Ltd. v. Indu Bala W/o Late Sh Kuldeep Chand

Case brief

What is this about?

What did the court decide?

National Insurance Company Ltd. v. Indu Bala W/o Late Sh Kuldeep Chand

Case brief

What is this about?

What did the court decide?

What the court decided

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