Himachal Pradesh High Court
Reliance General Insurance Company ... vs . Reeta Devi & Ors on 6 April, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
Reliance General Insurance Company Ltd. Vs. Reeta Devi & ors CMP No.17873 of 2022 .
in FAO No.211 of 2015 06.04.2023 Present: Mr. Jagdish Thakur, Advocate, for the non-
applicant/appellant.
Mr. Ajay Singh Kashyap, Advocate, for respondentsNo.1 to 4.
Mr. Sarthak Mehta, Advocate, for respondents No.5 & 6.
applicant/appellant r to The present application has been filed by the for refund of the amount of compensation, deposited with the Registry of this Court, i.e. Rs.16,51,666/- alongwith proportionate interest.
Learned counsel for respondents No.1 to 4 has stated at bar that he has no objection in case the aforesaid application is allowed.
No reply is intended to be filed on behalf of respondents No.5 and 6 as stated at bar by the learned counsel for the said respondents.
I have heard learned counsel for the parties and have also gone through the record carefully.
Perusal of the record shows that the Motor Accidents Claims Tribunal (III), Shimla, vide award dated 25.08.2014, awarded compensation of Rs.11,96,520/-
alongwith interest at the rate of 7.5% per annum from the date of filing of the application till payment to be payable by respondents No.1 and 2 jointly and severally. However, the ::: Downloaded on - 13/04/2023 20:32:27 :::CIS respondent No.3 (the appellant herein) being insurer of the .
offending vehicle was directed to indemnify the award. The appeal preferred by the applicant/appellant against the award dated 25.08.2014, stands already decided by this Court, vide judgment dated 25.11.2022, whereby the award dated 25.08.2014 passed by the Tribunal below has been modified to the extent that the appellant/insurer has been exonerated from liability to pay compensation to the claimants.
Since the applicant/appellant has been exonerated from the liability to pay compensation to the claimants, as such, the present application, which is duly supported with the affidavit of Suryadeep Singh Thakur, Manager (Legal), is allowed and the amount of compensation deposited by the applicant/appellant with the Registry of this Court, i.e. Rs.16,51,666/- alongwith proportionate interest, is ordered to be refunded in its favour, after proper verification and identification, by remitting the same to its bank account, details whereof have been given in para-5 of the application.
The application stands disposed of.
( Sushil Kukreja ) Judge April 06, 2023 (VH) ::: Downloaded on - 13/04/2023 20:32:27 :::CIS