Himachal Pradesh High Court
FAO/486/2018 on 5 July, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
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FAO No. 486 of 2018 05.07.2019 Present: Dr. Lalit Kumar Sharma, Advocate, for the appellant.
Mr. Tejasvi Verma, Advocate, for respondents No. 1 to 5.
Mr. Romesh Verma, Advocate, for respondents No. 6 and 7.
FAO No. 486 of 2018 Mr. Romesh Verma, Advocate, prays for and is granted three weeks' time to file Power of Attorney on behalf of respondents No. 6 and 7. List after three weeks.
CMP No. 5051 of 2019 The present application under Order 32, Rule 12 CPC has been maintained by applicants/respondents No. 2 to 4 for discharging their natural guardianship. As per the applicants, at the time of filing of the case, they were minors and were being represented through their mother/natural guardian. However, now the applicants have attained the age of majority, as such, they may be allowed to proceed in their own capacity. The application is duly supported with the affidavits of the applicants, as well as the copy of Parivar Register.
Heard. After going through the averments made in the application and copy of Parivar Register, enclosed with the application, this Court finds that the applicants have now attained the age of majority. Consequently, the present application is allowed and applicants/respondents No. 2 to 4, are allowed to pursue the case on their own and their natural guardianship is discharged. The application stands disposed of.
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CMP No. 5052 of 2019 The present application under Section 151 of the Code of Civil Procedure has been maintained by applicants/respondents No. 1 to 5 for release of award amount, lying deposited in the Registry of this Court. As per the applicants, the deceased was the sole bread earner of their family and after his death, they are facing hardships to meet out their day to day expenses. Further, they need the money to repay the loan, which they have raised for the marriage of applicant/respondent No. 2 and educational expenses of applicants/respondents No. 3 and 4, as such, compensation amount be released in their favour. The application is duly supported with the affidavits of the applicants. No reply to the application has been filed, however, learned counsel for the non-applicant/Insurance Company has no objections in case some reasonable amount is released to the applicants.
Heard. Taking into consideration the necessity of the applicants and their dependency upon the deceased, the interest of justice would be met in case 25% of the award amount of the shares of each applicant be released to them through their individual savings bank accounts of a nationalized bank. Ordered accordingly. The application stands disposed of.
(Chander Bhusan Barowalia) Judge July 05, 2019 (raman) ::: Downloaded on - 29/09/2019 00:25:40 :::HCHP