Allowed

Reliance General Insurance Company Limited v. Shakuntla Devi

Himachal Pradesh HC19 Dec 2022CMP/17318/2022

Case brief

AI extract

What is this about?

The court allowed an application to release balance compensation from a Motor Accidents Claims Tribunal award. It also discharged a respondent's natural guardian upon proof of attaining majority. Compensation was released to adult beneficiaries.

What did the court decide?

Natural guardian discharged; balance compensation with interest released to adult beneficiaries from registry.

Reliance General Insurance Company Limited… — Execution and Attachment | Himachal Pradesh HC (2022)

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Reliance General Ins. Co. Ltd. Vs. Shakuntla Devi & Ors.

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FAO(MVA) No. 188/2015

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19.12.2022 Present: Mr. Jagdish Thakur, Advocate, for the nonapplicant/appellant.

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Mr. Suresh Singh Saini, Advocate vice Mr. Naresh Kumar Tomar, Advocate, for the applicants/respondent No.1 to 4.

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Mr. K.D. Sood, Sr. Advocate with Ms. Ranjana Chauhan, Advocate, for the non-applicants/respondents No.5(a) and 5(b)

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CMP No.17318/2022

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Respondent No.2-Rishab Thakur has stated that he has attained the age of majority and therefore seeks to discharge his natural guardian. Matriculation certificate depicting his date of birth has been appended alongwith the application. Learned counsel for the non-applicant/appellant has no objection for allowing the application. Accordingly, the application is allowed. The applicant/respondent No.2 is permitted to sue in his own capacity. Application stands disposed of.

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CMP No. 17319/2022

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This application has been moved by applicants/respondent Nos. 1 to 3, for release of the balance compensation amount falling to their shares in terms of the award passed by the learned Motor Accidents Claims Tribunal (II) Sirmaur District At Nahan, H.P. on 26.4.2014. The main appeal was disposed of on 1.6.2022. It is jointly stated by

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learned counsel for the parties that the judgment has attained finality. No appeal against the same has been carried out. Learned counsel for the non-applicant/appellant has no objection for release of the amount in terms of the judgment in favour of respondent Nos.1 and 2 as it is found from the record that respondent No.3 is still a minor. Hence, the application is allowed only on behalf of respondent Nos.1 and 2. Accordingly the balance compensation amount falling to the shares of respondent Nos.1 and 2 (Shakuntla Devi and Rishab Thakur, respectively) in terms of the judgment, lying deposited in the Registry of this Court, alongwith up-to-date interest, is ordered to be released in their favour. The same be remitted in their bank accounts as per the details furnished in the application. The application stands disposed of.

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Jyotsna Rewal Dua Judge

Reliance General Insurance Company Limited v. Shakuntla Devi

Case brief

What is this about?

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Reliance General Insurance Company Limited v. Shakuntla Devi

Case brief

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What did the court decide?

What the court decided

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