The Court discharged natural guardians of minor respondents who attained majority and ordered interim release of compensation amounts to claimants in a motor accident case, subject to final outcome.
Granted discharge of natural guardians; ordered release of Rs. 1.5 Lakhs each to three claimants.
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United India Insurance Co. Ltd. Vs. Jai Prakash & Ors.
CMP Nos.16033 & 16035 of 2024 in FAO No.154 of 2022
17.09.2024 Present: Dr. Lalit K. Sharma, Advocate, for the nonapplicant/appellant.
Mr. Balwant Singh Thakur, Advocate, for the applicants/respondents No.1 to 3.
Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh Bisht, Advocate, for the nonapplicants/respondents No.4 to 7.
CMP No.16035 of 2024
Respondents No.2 and 3 have moved this application under Order 32 Rule 12(2) of the Civil Procedure Code for discharge of their natural guardian-Sh. Jai Prakash on the ground that they have attained the age of majority during the pendency of the appeal. Their birth certificates have been appended alongwith the application. There is no objection to the prayer made in the application on behalf of the non-applicant/appellant.
2. Accordingly, the application is allowed. The natural guardian of applicants/respondents No.2 and 3 is discharged. Applicants/respondents No.2 and 3 are permitted to pursue the lis in their own capacity.
3. The application stands disposed of.
CMP No.16033 of 2024
4. Respondents No.1, 2 and 3 have moved this application seeking release of 50% of the amount awarded in
their favour by the learned Motor Accident Claims Tribunal (in short ‘Tribunal’).
5. In terms of the impugned award passed by the learned Tribunal on 07.05.2022, total compensation of Rs.11,58,000/- alongwith interest @ 7.5% per annum from the date of filing of the petition was awarded in favour of the applicants. The compensation was awarded on account of death of Smt. Sheela Devi in a motor accident on 17.08.2015. The deceased was wife of applicant No.1 and mother of applicants No.2 & 3. Learned counsel for the applicants submits that no compensation amount till date has been released in favour of the applicants. Learned counsel further submits that applicants No.2 and 3 require the amount for pursuing their studies. He also submits that applicant No.1 needs financial assistance for meeting his daily needs.
6. Learned counsel for the non-applicant/appellant submits that he would have no objection in case some reasonable amount is released in favour of the applicants/ respondents No.1 to 3.
7. In view of the above, the application is disposed of by ordering that out of the respective shares of the applicants in the awarded compensation amount, Rs.1.5 Lakhs each shall be released in favour of the applicants/ respondents No.1 to 3. The same be remitted in their bank
accounts, particulars whereof have been given in the application.
It is, however, clarified that the applicants/ respondents No.1 to 3 shall not claim any equity in their favour on the basis of aforesaid release of the amount and shall be liable to face legal consequences in case the final decision is rendered against them.
The application stands disposed of.
Jyotsna Rewal Dua September 17, 2024 Judge Mukesh
2 issues framed by the court
Whether natural guardians of minor respondents should be discharged upon their attaining majority?
Whether a portion of awarded compensation should be released to claimants pending final decision?
1 provisions across 1 enactments
United India Insurance Co. Ltd.
Jai Prakash
Respondents No.2 and 3
Respondents No.4 to 7
Jyotsna Rewal Dua
Mukesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
