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Himachal Pradesh High Court

Lac vs . Fate Ram & Others. on 25 November, 2022

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

LAC Vs. Fate Ram & others.

.

RFA No. 250 of 2013 25.11.2022 Present: Mr.Mohit Sharma, Advocate, vice Mr.Vivek Negi, Advocate, for non-applicant/appellants.

Mr.Madan Gopal, Advocate, vice Mr.Naveen K. Bhardwaj, Advocate, for respondents Nos. 1(a) to 1(h) and 2.

Ms.Rameeta Rahi, Additional Advocate General, for respondent No. 4.

CMP No. 16279 of 2022 This application has been filed for deletion of name of respondent No. 3 Roshni Devi on the ground that she has expired on 16.9.2014 leaving behind her legal heirs Fate Ram and Sabza Chand, who were already on record as respondent No. 1 and 2 and further that on account of death of Fate Ram, his legal heirs are already on record as respondents No. 1(a) to 1(h). Copy of death certificates of Roshni Devi and Fate Ram have been placed on record alongwith copy of legal heirs certificate of Roshni Devi.

No objection has been communicated for allowing the application.

In view of above, name of respondent No. 3 Roshni Devi is ordered to be deleted from the array of respondents, with observation that compensation amount falling in her share is to be distributed amongst respondent No. 1 Fate Ram through his legal heirs and respondent No. 2 Sabza Chand in equal shares and, therefore, ½ share will go to Sabza Chand ::: Downloaded on - 25/11/2022 20:37:59 :::CIS and ½ share shall be distributed amongst respondents No. 1(a) .

to 1(h) in equal shares.

The application stands disposed of.

CMP No. 16280 of 2022

This application has been filed for release of compensation amount in favour of respondents No. 1(a) to 1(g) and 2, as respondent No. 1(h) is stated to be minor at this stage. r No objection has been communicated for application the application.

Applicants have also explained proportion of compensation for which legal heirs of respondent No. 1 Fate Ram are entitled.

In view of above, the application is allowed and amount falling in shares of applicants No. 1(a) to 1(g) and 2, in terms of final award and order passed in CMP No. 16279 of 2022 is directed to be released in their favour alongwith up to date interest, by remitting the same in their receptive bank accounts mentioned in para 8 of the application, photocopies of front pages of pass books are also annexed with this application.

The application stands disposed of.

(Vivek Singh Thakur), Judge.

25th November, 2022 (Keshav) ::: Downloaded on - 25/11/2022 20:37:59 :::CIS