Allowed

New India Assurance Company v. Indira

Himachal Pradesh HC5 Apr 2024CMP/3206/2024

Case brief

AI extract

What is this about?

This court allowed CMP No.3206 of 2024, discharging the natural guardian of an applicant-respondent who has attained majority. It also disposed of CMP No.3207 of 2024, ordering release of compensation deposited in the registry to the same now-major applicant.

What did the court decide?

Natural guardian discharged; application allowed with permission to sue in own capacity; compensation deposited in registry released to applicant with interest.

New India Assurance Company Vs Indira — Banking and Recovery | Himachal Pradesh HC (2024)

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The New India Assurance Co. Ltd. Vs. Indira & Ors.

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CMPs No.3206 & 3207 of 2024

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in FAO No.488 of 2015

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05.04.2024 Present: Mr. Amit Himalvi, Advocate, for the nonapplicant/appellant. Mr. I.D. Bali, Senior Advocate with Ms.Meenakshi Pathania, Advocate, for the applicants-respondents.

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CMP No.3206 of 2024

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Heard.

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In view of the averments made in the application,

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the same is allowed and the natural guardian/next friend of applicant-respondent No.2 is discharged and applicantrespondent No.2, who has attained the age of majority, is permitted to sue in his own capacity.

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The application stands disposed of.

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CMP No.3207 of 2024

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Heard.

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The present application has been filed on behalf

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of the applicant-respondent No.2 Harshil for release of the amount of compensation lying deposited in the Registry of this Court.

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As per the applicant, at the time of filing of the claim petition, he was minor and now he has attained majority, therefore, it is prayed that the awarded amount, falling in his share, lying deposited with the Registry of this Hon’ble Court, may be ordered to be released in his favour.

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Learned counsel for the non-applicant/ Insurance Company has submitted that he has no objection in case the share of applicant-respondent No.2, lying deposited in the Registry of this Court, is released in his favour, as the award has attained finality and no appeal has been preferred against the judgment dated 27.05.2016 passed by this Court in FAO No.488 of 2015.

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Heard. Having perused the averments made in the application, which are duly supported with the affidavit of the applicant and also in view of the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the amount of compensation, falling in the share of the applicantrespondent No.2, lying deposited in the Registry of this Court alongwith up-to-date interest in his favour, after proper verification and identification by remitting the same to his bank account, details whereof have been given in para-2 of the application.

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The application stands disposed of.

New India Assurance Company v. Indira

Case brief

What is this about?

What did the court decide?

New India Assurance Company v. Indira

Case brief

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What did the court decide?

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