Himachal Pradesh High Court
Kewal Ram & Another vs . Rita Devi & Others on 23 August, 2023
Author: Satyen Vaidya
Bench: Satyen Vaidya
Kewal Ram & another vs. Rita Devi & others .
FAO No. 575 of 2016 23.8.2023 Present: Mr. Jeevesh Sharma, Advocate, for the appellants.
Ms. Pooja, Advocate, for respondents No. 1 to 4.
Mr. Rohit Dhiman, Advocate, vice counsel for of respondent No.5.
CMP(M) No. 10706 of 2023 rt By way of this application, a prayer has been made on behalf of applicant/respondent No.3 Kumari Monika to discharge her guardian and to allow her to represent in her own capacity in the matter on the ground that she has attained majority. A copy of matriculation certificate issued by H.P. Board of School Education has been placed on record, according to which, the date of birth of the applicant/respondent No.3 is 5.1.2004. The application is also supported by an affidavit.
Accordingly, the application is allowed. The guardian of applicant/respondent Non.3 is discharged and the applicant is allowed to pursue her reliefs in the matter in her own right. The application stands disposed of.
CMP No. 10705 of 2023By way of this application, a prayer has been made to release the share of applicant/ respondent No.3 in the awarded amount. The applicant along with other claimants were awarded compensation of Rs. 7,50,000/-
along with interest at the rate of 7% per annum by learned Claims Tribunal vide award dated 7.8.2012. Out of the ::: Downloaded on - 24/08/2023 20:35:22 :::CIS awarded amount, a share of 25% was apportioned in favour .
of the applicant/respondent No.3. The award passed by the learned Claims Tribunal with respect to the quantum of compensation has been upheld by this Court vide judgment dated 19.3.2021, passed in FAO No. 575 of 2016. However, of the said award was modified by shifting the liability of compensation on the insurer. The judgment passed by this Court has attained finality.
rt Accordingly, the application is allowed.
Amount of compensation falling to the share of applicant/respondent No.3 as per the award passed by the learned Claims Tribunal alongwith upto date interest accrued thereon be released in favour of the applicant/respondent Non.3 by remitting the same directly to her bank account, details of which have been provided by way of document annexed with the application and finds place at page-90 of the paper book, after due verification.
The application stands disposed of.
(Satyen Vaidya) Judge 23rd August, 2023 (kck) ::: Downloaded on - 24/08/2023 20:35:22 :::CIS