Delhi High Court: An application was filed under section 151 of the Civil Procedure Code (CPC) by the applicant/respondent seeking release of the decretal amount deposited by the appellants in compliance of order dated 23-12-2024. Anup Jairam Bhambhani, J., directed to release Rs 20 lakhs to the respondent subject to the respondent furnishing an indemnity bond assuring that in the event the appellants prevail in the appellate proceedings, the amount so released shall be refunded to the appellants.
The present proceedings arise from a deeply unfortunate incident that occurred in the chemistry laboratory of a school run by the appellants. The respondent, a student at the time, suffered a grave injury resulting in the complete and irreversible loss of vision in her left eye. She was approximately 16 years old when the incident occurred and is now around 27 years of age. Despite the gravity of the injury and over a decade of ensuing litigation, it was noted by the Court that she had not received any compensation until now. The respondent currently earns her livelihood as a lab technician in a hospital, carrying the lasting impact of the injury with her.
The present application was filed by the respondent under Section 151 CPC seeking release of the decretal amount that had been deposited by the appellants in compliance with the order dated 23-12-2024. This order had arisen in the backdrop of a civil suit decided by the Trial Court awarding damages in favour of the respondent due to the severe injury she suffered. However, the execution of the award and the compensation amount had been stalled pending appeal, thereby prompting the present application for its partial release.
The Court expressed strong concern over the fact that despite prolonged litigation of ten years, the respondent had not received any monetary relief or compensation till date. This delay in disbursement of awarded damages was found to be unjustifiable, especially considering the permanent and life-altering nature of the injury suffered by the respondent.
The Court noted that the narrow scope of appeal, primarily challenging the quantum of compensation, and not denying the liability or the factual foundation of the injury. In this context, the Court concluded that a portion of the decretal amount ought to be released to the respondent to alleviate the prolonged financial deprivation she had faced.
Considering the humanitarian and legal dimensions of the case, the Court ordered that a sum of ₹20 lakhs be released to the respondent from the decretal amount already deposited by the appellants, subject to an indemnity bond to be executed by the respondent. The bond would ensure that the amount would be refunded in case the appellants were to succeed in the pending appeal.
[Management of Andra Education Society v Jyoti Gupta, RFA 924/2024, decided on 13-05-2025]
Advocates who appeared in this case :
Mr. Ravi Gopal, Advocate for appellants
Mr. Gurmukh Singh Arora with Mr. Ashok Kumar Gupta, Advocates. Respondent present in-person
