The court allowed CMP applications. Respondent No.2 was permitted to sue independently after attaining majority. Balance compensation was released to adult respondents, excluding the minor.
Released balance compensation with interest to adult respondents into their bank accounts.
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Reliance General Ins. Co. Ltd. Vs. Shakuntla Devi & Ors.
FAO(MVA) No. 188/2015
19.12.2022 Present: Mr. Jagdish Thakur, Advocate, for the nonapplicant/appellant.
Mr. Suresh Singh Saini, Advocate vice Mr. Naresh Kumar Tomar, Advocate, for the applicants/respondent No.1 to 4.
Mr. K.D. Sood, Sr. Advocate with Ms. Ranjana Chauhan, Advocate, for the non-applicants/respondents No.5(a) and 5(b)
CMP No.17318/2022
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.
CMP No. 17319/2022
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
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.
Jyotsna Rewal Dua Judge
2 issues framed by the court
Whether to allow discharge of natural guardian for majorRespondentNo.2.
Whether to release balance compensation amount to adult respondents.
Reliance General Ins. Co. Ltd.
Shakuntla Devi
Rishab Thakur
Respondents Nos. 5(a) and 5(b)
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
