Himachal Pradesh High Court
National Insurance Company vs . Ritu Sharma & Ors. on 5 June, 2025
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
National Insurance Company Vs. Ritu Sharma & Ors.
FAO(MVA) No.424 of 2014 a/w FAO No.270 of
2016 and FAO No.100 of 2015.
05.06.2025 Present: Mr. Amit Himalvi, Advocate, vice Ms. Kamakshi
Tarlokta, Advocate, for the appellant.
Ms. Veena Sharma, Advocate, for respondent
No.1.
Mr. Anirudh Sharma, Advocate, for respondent
No.2.
None for respondents No.3 and 4, though
represented by Mr. Rahul Thakur, Advocate.
Respondent No.5 is ex parte.
Mr. Surya Chauhan, Advocate, for respondent
No.6.
Respondent No.7 is stated to have expired.
None for respondent No.8(i) and 8(ii) through
represented by Mr. Kunal Verma, Advocate.
CMP No. 11743 of 2025 in FAO(MVA) No.424 of
2014
This application has been filed for release of
amount of compensation falling in the share of
applicant/respondent No.2 with the submissions that
applicant/respondent No.2 intends to join course in Higher
Education after passing 10+2 examination and further that
mother of applicant/respondent No.2, who is respondent
No.1 in the present appeal has entered into an agreement
for purchase of land vide agreement dated 23.04.2025 as
claimants at present are residing with their maternal
uncle/grand father from last so many years and now they
intend to have their own house.
It has been further submitted that 30% of amount
of compensation falling in share of respondent No.1 has
been released vide order dated 06.11.2017 during pendency
of the appeal.
Learned counsel for the appellant has opposed, the
release of amount of compensation with the submissions
that there is every likelihood of reduction of amount of
compensation at the time of final adjudication of the appeal
and therefore, the application deserves to be dismissed.
Learned counsel for the applicant/respondent No.2
submits that victims are agitating to get fair and just
compensation since long and till date only 30% of
compensation amount, out of the share of
non-applicant/respondent No.1, has been released to them.
Considering the rival contentions of the parties and
balancing their interest at this stage, 35% of amount of
compensation falling in share of applicant/respondent No.2
alongwith up-to-date proportionate interest is directed to be
released in his favour by remitting the same in his bank
account mentioned in Para No.7 of the application. Photo
copy of front page of passbook is also on record.
The present application stands disposed off, in the
aforesaid terms.
FAO(MVA) No.424 of 2014
List of hearing on 24.06.2025, alongwith connected
matters, the date already fixed.
(Vivek Singh Thakur)
Judge
June 05, 2025
(Shamsh Tabrez)
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