Allowed¶16

New India Assurance Company v. Indira

Himachal Pradesh HC5 Apr 2024CMP/3207/2024

Case brief

AI extract

What is this about?

Release of deposited motor-accident award share to claimant on attaining majority; discharge of next friend/guardian; permission to sue in own capacity; CMP Nos. 3206 & 3207 of 2024 in FAO No.488 of 2015; New India Assurance Co. Ltd. v. Indira & Ors.; judgment dated 27.05.2016 attained finality, no appeal; registry deposit released with up-to-date interest by bank remittance after verification and identification; decided 05.04.2024.

What did the court decide?

Both CMPs allowed and disposed of: (i) natural guardian/next friend of applicant-respondent No.2 discharged and respondent No.2 permitted to sue in his own capacity; (ii) awarded compensation falling in respondent No.2's share, deposited in the Registry, released to him alongwith up-to-date interest by remittance to his bank account after proper verification and identification.

New India Assurance Company Vs Indira — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

In CMP No.3206 of 2024: whether the natural guardian/next friend of applicant-respondent No.2 may be discharged and the respondent, having attained majority, permitted to sue in his own capacity. +1 more

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Court's answer

CMP No.3206 of 2024 is allowed: the natural guardian/next friend of applicant-respondent No.2 is discharged, and respondent No.2, having attained the age of majority, is permitted to sue in his own capacity.

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Ratio / Principle

CMP No.3207 of 2024: the Court finds it in the interest of justice to release the compensation falling in the share of applicant-respondent No.2, lying deposited in the Registry, alongwith up-to-date interest, remitting it to his bank account (details in para-2 of the application) after proper verification and identification.

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Detailed headnote1 paragraphs

Order dated 05.04.2024 disposing of CMP Nos. 3206 & 3207 of 2024 filed in FAO No.488 of 2015 (The New India Assurance Co. Ltd. v. Indira & Ors.). CMP No.3206 of 2024 was allowed: the natural guardian/next friend of applicant-respondent No.2 was discharged and respondent No.2, who had attained the age of majority, was permitted to sue in his own capacity. CMP No.3207 of 2024, moved by respondent No.2 (Harshil) for release of his share of the compensation deposited in the Registry, was also allowed: the Court held it in the interest of justice to release the amount alongwith up-to-date interest into his bank account after proper verification and identification, noting that the judgment dated 27.05.2016 had attained finality and counsel for the insurer had no objection.

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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

What is this about?

What did the court decide?

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What the court decided

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