National Insurance Company Vs Savina — Himachal Pradesh HC (2026) — LawSathi Research

National Insurance Company Vs Savina — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both applications allowed and disposed of: (i) CMP No.9386 of 2026 - mother Savina (respondent No.1) discharged from guardianship of Kehkashan & Kashish, who are permitted to pursue the case in their own capacity; (ii) CMP No.9387 of 2026 - award amount with up-to-date interest lying deposited in the Registry of this Court to be released to Kehkashan & Kashish strictly as per their shares, after proper verification and identification, by remitting the same to their savings bank accounts.

Issue for consideration

Whether the natural guardian (mother Savina, respondent No.1) of applicants/respondents No. 2 & 3 (Kehkashan & Kashish), who have attained the age of majority, should be discharged from guardianship so that they may pursue the case in their own capacity. +1 more

Court's answer

As applicants/respondents No. 2 & 3 (Kehkashan & Kashish) have attained the age of majority, the application under Order 32 Rule 12 read with Section 151 CPC is allowed and their mother Savina (respondent No.1) is discharged from their guardianship; they are permitted to pursue the case in their own capacity.

Ratio / Principle

Given the affidavits of the applicants and that the judgment dated 27.09.2019 passed by this Court has attained finality, the Court finds it in the interest of justice to release the award amount with up-to-date interest lying deposited in the Registry to applicants/respondents No. 2 & 3 strictly as per their shares, after proper verification and identification, by remitting the same to their savings bank accounts.

Detailed headnote1 paragraphs

CMP Nos. 9386 & 9387 of 2026 filed in FAO(MVA) No. 132 of 2015 (National Insurance Co. Ltd. vs. Savina & Ors.) by respondents No. 2 and 3, Kehkashan and Kashish, were disposed of by Sushil Kukreja, Judge, on 21.07.2026. (1) Application under Order 32 Rule 12 read with Section 151 CPC for discharge of their natural guardian mother Savina (respondent No. 1) upon their attaining majority - allowed, supported by Matriculation Examination Certificates and affidavits, with the appellants' Senior Counsel raising no objection; the applicants were permitted to pursue the case in their own capacity. (2) Application under Section 151 CPC for release of the award amount with up-to-date interest lying deposited in the Registry of the Court, as per their shares - allowed, the Court noting that its judgment dated 27.09.2019 in the appeal had attained finality with no further appeal or challenge; the amount is to be remitted to the applicants' savings bank accounts after proper verification and identification.

National Insurance Co. Ltd. vs. Savina & Ors.

CMP Nos.9386 & 9387 of 2026 in FAO(MVA) No.132 of 2015

21.07.2026 Present: Mr. Sunita Sharma, Senior Advocate with Mr. Saurav Upadhayay, Advocate, for the non-applicant/appellant.

Ms. Meera Devi, Advocate, for the applicants/respondents.

CMP No.9386 of 2026

The present application under Order 32 Rule 12 read with Section 151 of CPC, has been filed by the applicants/respondents No. 2 & 3, namely, Kehkashan & Kashish, for discharging their natural guardian i.e. their mother Savina, as they have attained the age of majority.

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

Heard. Since applicants/respondents No. 2 & 3, namely, Kehkashan & Kashish, have now attained the age of majority, as is evident from their Matriculation Examination Certificates, copies whereof annexed with the application as well as their affidavits annexed therewith, the present application is allowed and their mother Savina, respondent No.1, is ordered to be discharged from their guardianship; and they are permitted to pursue the case in their own capacity.

The application stands disposed of.

CMP No. 9387 of 2026

The instant application under Section 151 of CPC, has been filed by the applicants/respondents No. 2 & 3, namely,

Kehkashan & Kashish, for release of award amount alongwith up-todate interest, in their favour, as per their shares, as lying deposited in the Registry of this Court.

Learned Senior Counsel for the non-applicant/appellant, stated that she doesn’t intend to file any reply to the application. She further stated that since the present appeal has been decided by this Court vide judgment dated 27.09.2019 and no further appeal or challenge has ever been preferred against the said judgment, the same has attained finality, she has no objection in case the prayer made in the application is allowed,

Heard. Having perused the averments made in the application, which are duly supported with the affidavits of the applicants coupled with the fact that the judgment dated 27.09.2019, passed by this Court has attained finality, this Court finds it in the interest of justice to release the award amount alongwith up-to-date interest as lying deposited in the Registry of this Court in favour of the applicants/respondents No. 2 & 3, namely, Kehkashan & Kashish, strictly, as per their shares, after proper verification and identification, by remitting the same to their saving bank accounts, details whereof have been mentioned in photocopies of their pass books annexed with the application (Annexure P-1, colly).

Application stands disposed of.

( Sushil Kukreja ) Judge

July 21, 2026 (reena)