Himachal Pradesh High Court
New India Assurance Company vs . Smt. on 18 April, 2024
New India Assurance Company Vs. Smt. Vidya Devi and ors.
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CMP(M) No. 303 of 2024 18.04.2024Present: Mr. Amit Himalvi, Advocate, vice counsel, for the appellant/ non-applicant.
Mr. Anand Sharma, Sr. Advocate, with Mr. Karan Sharma, Advocate, for the respondents/applicants.
CMP(M) No. 303 of 2024 Learned Motor Accidents Claims Tribunal, Chamba, District Chamba, H.P., vide award dated 01.09.1997, decided MAC Petition No. 77 of 1996, titled as Vidya Devi and anr. Vs. Binwa Transport Cooperative Society Ltd. and Ors. A compensation of Rs. 3,79, 220/- was allowed in favour of the claimants. A sum of Rs. 1,50,000/- was ordered to be paid to Kumari Anjali, minor daughter of late Sh. Jagdish Chand and out of remaining amount, a sum of Rs. 1,60,000/- was ordered to be paid in equal shares to Sh. Punnu Ram and his wife Smt. Vidya Devi, being parents of deceased Jagdish Chand. Remaining amount of Rs. 69,220/- was ordered to be paid to Smt. Satya Devi, widow of late Sh. Jagdish Chand.
The aforesaid award was assailed before this Court by way of FAO No. 75 of 1998. This Court, vide judgment dated 05.01.2004, dismissed FAO No. 75 of 1998 and affirmed the award passed by learned Tribunal.
::: Downloaded on - 18/04/2024 20:35:33 :::CISIt has been averred, by way of instant application, that .
during the pendency of FAO No. 75 of 1998, before this Court, one of the claimants, named, Sh. Punnu Ram (father of deceased Jagdish Chand) had died, leaving behind the following legal heirs:-
(a) Vidya Devi, widow of deceased late Sh. Punnu Ram.
(b) Vijay Kumar, son of deceased late Sh. Punnu Ram.
(c) Kailaso Devi, daughter of deceased late Sh. Punnu Ram.
(d) Asha Devi, daughter of deceased late Sh. Punnu Ram.
(e) Usha Devi, daughter of deceased late Sh. Punnu Ram.
(f) The legal heirs of deceased Sh. Punnu Ram are the applicants and have prayed for their impleadment for the pur-
poses of disbursal of amount of compensation which falls to the share of Sh. Punnu Ram as the judgment passed by this Court in FAO No. 75 of 1998 has already attained finality.
Learned counsel for the non-applicant/insurer has no objection in granting the prayer made in the application.
Accordingly, the application is allowed. The legal representatives of deceased Sh. Punnu Ram, as detailed in para-4 of the application, are ordered to be brought on record as respondents No. 2(a) to 2(e). Amended memo of parties has been filed and taken on record. Application stands disposed of.
::: Downloaded on - 18/04/2024 20:35:33 :::CIS CMP No. 4681 of 2024.
Application is not opposed and the same is allowed.
The amount lying in deposit in the share of applicant, Smt. Vidya Devi in FAO No. 75 of 1998, is ordered to be released in her favour alongwith proportionate interest accrued thereon, by remitting the same directly to her bank account, details of which have been provided in para-7 of the application, after due verification. Application stands disposed of.
CMP No. 4683 of 2024Application is not opposed and the same is allowed.
The amount lying in deposit in the share of Sh. Punnu Ram, is ordered to be released in equal proportion in favour of his legal heirs as impleaded in FAO No. 75 of 1998 (i.e. respondents No. 2(a) to 2( e)) alongwith proportionate interest accrued thereon, by remitting the same directly to their respective bank accounts, details of which have been provided in para-7 of the application, after due verification. Application stands disposed of.
( Satyen Vaidya ) Judge 18th April, 2024 (sushma) ::: Downloaded on - 18/04/2024 20:35:33 :::CIS