The New India Assurance Co. Ltd. Vs Indra Devi — Himachal Pradesh HC (2025) — LawSathi Research

The New India Assurance Co. Ltd. Vs Indra Devi — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both CMPs allowed and disposed of: (i) respondent No.1 (Indira Devi) discharged as natural guardian of respondent No.4 (Daulat Ram), who may pursue the case in his own capacity; (ii) entire compensation amount in respondent No.4's share, with up-to-date interest, released from the Registry deposit after proper verification and identification and remitted to his bank account.

Issue for consideration

Whether applicant/respondent No.4 (Daulat Ram), having attained the age of majority, should be discharged from the guardianship of his mother/natural guardian respondent No.1 (Indira Devi) and permitted to pursue the case in his own capacity (CMP No. 25070 of 2025 under Order 32, Rule 12 CPC). +1 more

Court's answer

The application under Order 32, Rule 12 CPC is allowed: respondent No.1 (Indira Devi) is ordered to be discharged from the guardianship of respondent No.4 (Daulat Ram), who is permitted to pursue the case in his own capacity, the applicant having attained majority as evident from the Matriculation Certificate annexed with the application.

Ratio / Principle

The judgment passed by this Court in the underlying matter has attained finality, as no appeal has been preferred against it; accordingly the appellant raised no objection to release of the deposited amount.

Key takeaways

In the interest of justice, the entire amount of compensation falling in the share of applicant/respondent No.4, along with up-to-date interest, lying deposited in the Registry of this Court, is ordered to be released after proper verification and identification by remitting it to his bank account, details whereof were given in para-4 of the application.ratio¶13

Detailed headnote1 paragraphs

NIAC Ltd. v. Indira Devi & ors. — CMPs No. 25070 and 25071 of 2025 in FAO No. 350 of 2014 (decided 13.11.2025 by Sushil Kukreja, Judge). (i) CMP No. 25070 of 2025 under Order 32, Rule 12 CPC, filed by Daulat Ram (applicant/respondent No.4) who has attained majority (Matriculation Certificate annexed), allowed: his mother/natural guardian respondent No.1 Indira Devi is discharged from his guardianship and he is permitted to pursue the case in his own capacity; appellant filed no reply and had no objection. (ii) CMP No. 25071 of 2025 under Section 151 CPC for release of the award amount of compensation with up-to-date interest falling to respondent No.4's share, lying deposited in the Registry of this Court, allowed: the judgment passed by this Court has attained finality (no appeal preferred), and the entire amount with up-to-date interest is released after proper verification and identification by remittance to respondent No.4's bank account (details at para-4 of the application). Each application stands disposed of.

NIAC Ltd. Vs. Indira Devi & ors. CMPs No. 25070 and 25071 of 2025 in FAO No. 350 of 2014

13.11.2025 Present: Mr. Ratish Sharma, Advocate for the non-applicant/appellant.

Mr. H.S. Rangra, Advocate, for the applicant/ respondent No.4. CMP No. 25070 of 2025

The present application under Order 32, Rule 12 of

the Code of Civil Procedure, has been filed by applicant/ respondent No.4, namely,Daulat Ram, for discharging his natural guardian/mother i.e. respondent No.1-Indira Devi, as he has attained the age of majority.

Learned counsel for the non-applicant/appellant submitted that he doesn't intend to file any reply to the present application and has no objection in case the same is allowed.

Heard. Having regard to the averments made in the application, which is duly supported with affidavit of the applicant/respondent No.4 as well as taking into consideration the fact that he has now attained the age of majority, as is evident from her Matriculation Certificate annexed with the application, the present application is allowed and his natural guardian/ mother, i.e. respondent No.1 is ordered to be discharged from his guardianship and applicant/respondent No.4 is permitted to pursue the case in his own capacity.

The application stands disposed of.

CMP No. 25071 of 2025

The present application under Section 151 CPC has been maintained by applicant/respondent No.4, Daulat Ram for

release of award amount of compensation alongwith up-to-date interest, falling in his share and is lying deposited in the Registry of this Court. The application is duly supported with affidavit of the applicant/respondent No.4.

No reply to the application is intended to be filed on behalf of non-applicant/appellant and learned counsel for the non-applicant/appellant has no objection in case the prayer made in the application is allowed, as no appeal has been preferred against the judgment passed by this Court and the same has attained finality.

Heard. Having perused the averments made in the application which are duly supported with affidavit of the applicant/respondent No.4, coupled with the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the entire amount of compensation, falling in the share of applicant/respondent No.4, along with up-to-date interest, lying deposited in the Registry of this Court, after proper verification and identification, by remitting the same to his bank account, details whereof have been given in para-4 of the application.

The application stands disposed of.

( Sushil Kukreja ) Judge

November 13, 2025 (V.Himalvi)