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Judgment
Satyen Vaidya, J
By way of instant petition, petitioner has taken an exception to order dated 20.12.2023, passed by learned Motor Accident Claims Tribunal, Shimla, H.P., whereby the application for release of awarded amount has been dismissed. The impugned order reveals that the prayer for release of amount made by the petitioner herein before learned Motor Accident Claims Tribunal, Shimla, was rejected only on the ground that the appeal is pending before this Court.
The parties are not at dispute on the fact that the appeal pending before this Court has been filed by the claimant/petitioner herself and as far as the insurer or the insured are concerned, they having accepted the award passed by learned Motor Accident Claims Tribunal, Shimla, have not filed any appeal.
In this view of the matter, the ground for rejection of the prayer for release of awarded amount as made out from the impugned order is not tenable. The impugned order is set-aside, with direction to the learned Motor Accident Claims Tribunal, Shimla to decide the prayer of the claimant for release of amount afresh without being influenced with the pendency of an appeal before this Court, more particularly, when there is no stay on the execution of the award.
The petition is, accordingly, disposed of, so also the pending miscellaneous application(s), if any.