Disposed¶15

United India Insurance Co. Ltd. v. Anil Kumari

Himachal Pradesh HC4 Nov 2025CMP/16683/2025

Case brief

AI extract

What is this about?

FAO (MVA) No.100 of 2024; CMP No.16683 of 2025 under Section 151 CPC; interim/partial release of deposited motor vehicle accident compensation; Rs.7,00,000/- released to claimant Anil Kumari (respondent No.1) for children's education and expenses; release conditional on appeal outcome with refund plus 6% per annum interest; appellant United Insurance Company Ltd. opposed release citing recovery difficulty; decided 04.11.2025 by Sushil Kukreja, Judge.

What did the court decide?

Release of Rs.7,00,000/- to applicant/respondent No.1 (Anil Kumari) out of her share in the total awarded compensation deposited in the Registry, after proper verification and identification, by remittance to her bank account, subject to the final outcome of the appeal and refund with interest @ 6% per annum if the appeal is allowed. ¶15

United India Insurance Co. Ltd. Vs Anil Kumari — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a portion (at least 50%) of the awarded compensation, along with up-to-date interest, lying deposited in the Registry of this Court should be released to applicant/respondent No.1 (Anil Kumari) pending the final outcome of the appeal.

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Court's answer

Having perused the application supported by the applicant's affidavit, the Court found it in the interest of justice to release a sum of Rs.7,00,000/- in favour of applicant/respondent No.1 out of her share in the total awarded amount of compensation lying deposited in the Registry of this Court.

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Ratio / Principle

The released sum is to be paid after proper verification and identification, by remitting it to the bank account of applicant/respondent No.1, the details whereof were given in para-2 of the application.

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Key takeaways

Release of the awarded amount is subject to the final outcome of the appeal; in the event the appeal is allowed, applicant/respondent No.1 will have to refund the amount so released.ratio¶14
Any refund of the released amount, if the appeal is allowed, shall carry interest at 6% per annum.ratio¶14

Detailed headnote1 paragraphs

Interim release of awarded motor accident compensation — application under Section 151 CPC. In FAO (MVA) No.100 of 2024 (title reconstructed from fragments as United Insurance Company Ltd. Vs. Anil Kumari & Ors.), Sushil Kukreja, Judge, disposed of CMP No.16683 of 2025 filed by applicant/respondent No.1 Anil Kumari, who sought release of at least 50% of the awarded compensation with up-to-date interest, lying deposited in the Registry of this Court, for the education of her children and other expenses. Over the objection of the appellant Insurance Company (that recovery would be difficult if the appeal succeeded), the Court directed release of Rs.7,00,000/- out of her share in the total awarded amount, after proper verification and identification, by remitting it to her bank account. The release is expressly subject to the final outcome of the appeal; if the appeal is allowed, the applicant must refund the amount so released with interest @ 6% per annum.

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Vs. Anil Kumari & Ors.

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United Insurance Company Ltd.

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FAO (MVA) No.100 of 2024

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04.11.2025 Present: Mr.Nitin Misra, Advocate, for the appellant.

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Mr. Surinder Saklani, Advocate, for respondents No.1 to 4.

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None for respondent No.5.

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Mr. Lalit Kumar Sehgal, Advocate, for respondent No.6.

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CMP No.16683 of 2025

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The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.1-Anil Kumari, for release of the awarded amount, lying deposited in the Registry of this Court.

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As per the applicant, she requires money for the education of her children and also to meet out other expenses. Therefore, it is prayed that at least 50% of the awarded amount of compensation alongwith up-to-date interest, be released in her favour. The application is duly supported with the affidavit of the applicant.

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In the reply filed by the non-applicant/appellant, the prayer made in the application has been opposed on the ground that in the event of appeal being allowed, it would be difficult for the Insurance Company to recover the amount, so released.

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Heard. Having perused the averments made in the application, which is duly supported with the affidavit of the applicant/respondent No.1, this Court finds it in the interest of

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justice to release a sum of Rs.7,00,000/- in favour of applicant/respondent No.1, out of her share in the total awarded amount of compensation, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to her bank account, details whereof have been given in para-2 of the application.

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It is made clear that release of the awarded amount shall be subject to final outcome of the appeal and in the event of appeal being allowed, applicant/respondent No.1 will have to refund the amount, so released, with interest @ 6% per annum.

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The application stands disposed of.

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( Sushil Kukreja ) Judge

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November 04, 2025

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(V.Himalvi)

United India Insurance Co. Ltd. v. Anil Kumari

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Anil Kumari

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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