Reliance General Insurance Company Ltd. Vs Shakuntla Devi — Himachal Pradesh HC (2024) — LawSathi Research

Reliance General Insurance Company Ltd. Vs Shakuntla Devi — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release and remittance of the compensation amount falling to the share of late Smt. Indra Devi (original respondent No.3) to her legal heirs numbered 3(a) and 3(c) to 3(g), in the proportion stated in paragraph 5 of the application, into the bank accounts furnished in paragraph 11 of the application.

Issue for consideration

Whether the compensation amount falling to the share of late Smt. Indra Devi (original respondent No.3) may be released to her legal heirs numbered 3(a) and 3(c) to 3(g), in the proportion stated in paragraph 5 of the application.

Court's answer

Since the main appeal already stood dismissed as withdrawn (order dated 24.06.2022) and the non-applicant had no objection to allowing the application, the Court found no impediment and ordered release of the compensation amount falling to the share of late Smt. Indra Devi in favour of her legal heirs numbered 3(a) and 3(c) to 3(g), in the proportion mentioned in paragraph 5 of the application.

Ratio / Principle

The released compensation amounts were ordered to be remitted into the bank accounts of the legal heirs, the details whereof were furnished in paragraph 11 of the application.

Detailed headnote1 paragraphs

Order dated 14.06.2024 (single judge: Jyotsna Rewal Dua, Judge) disposing of application CMP-7988 of 2024 in Reliance General Insurance Co. Ltd. vs. Shakuntla Devi, FAO - 34 of 2016. The applicants were the legal heirs of late Smt. Indra Devi (original respondent No.3, widow of Sh. Pitru Ram, who died on 06.06.2016), who under the impugned award held a 25% share in the compensation amount. As the main appeal had already been dismissed as withdrawn vide order dated 24.06.2022 and the insurer (non-applicant) raised no objection, the Court ordered release of the compensation amount falling to her share in favour of her legal heirs numbered 3(a) and 3(c) to 3(g), in the proportion mentioned in paragraph 5 of the application, to be remitted into the bank accounts furnished in paragraph 11 thereof. Ms. Jagriti Devi (a minor), numbered 3(b), was noted as one of the legal heirs per the legal heirs certificate.

Reliance General Insurance Co. Ltd. vs. Shakuntla Devi

FAO - 34 of 2016

14.06.2024 Present : Mr. Aman Sood, Advocate, for appellant/nonapplicant.

Mr. Pratap Singh Goverdhan, Senior Advocate, with Mr. Rakesh Thakur, Advocate, for respondents No.1 to 4/applicant.

CMP-7988 of 2024

Learned counsel for the non-applicant has no objection for allowing the prayers made in the application.

This application has been moved by the legal heirs of original respondent No.3-Smt. Indra Devi widow of Sh. Pitru Ram. Smt. Indra Devi is stated to have died on 06.06.2016. Her death certificate has been placed on record as Annexure A-1 to the application. A legal heirs certificate has also been placed on record as Annexure A- 2 to the application. Applicants who have numbered themselves as 3(a), 3(c), 3(d), 3(e), 3(f) and 3(g) are legal heirs of respondent No.3 as per the legal heirs certificate (Annexure P-2). Ms. Jagriti Devi (presently minor) numbered at 3(b) is also one of the legal heirs of late Smt. Indra Devi in terms of the legal heirs certificate.

In terms of the impugned award, late Smt. Indra Devi (original respondent No.3) was held entitled to 25% share in the compensation amount. The applicants

3(a) and 3(c) to 3(g) have prayed for releasing the compensation amount falling to the share of late Smt. Indra Devi, in proportion as mentioned in paragraph 5 of the application. Since, the main appeal already stands dismissed as withdrawn vide order dated 24.06.2022 and the non-applicant has no objection in allowing the application, therefore, there is no impediment in releasing the compensation amount falling to the share of Smt. Indra Devi in favour of her legal heirs mentioned as 3(a) and 3(c) to 3(g) in proportion as mentioned in paragraph 5 of the application. Ordered accordingly. The same be remitted in their bank accounts, details whereof have been furnished in paragraph 11 of the application.

The application stands disposed of.

Jyotsna Rewal Dua Judge

14^th June, 2024 (Pardeep)