Himachal Pradesh High Court
CMP/8428/2020 on 17 March, 2021
Bench: Vivek Singh Thakur
CMP No. 8428 of 2020 in RFA No. 433 of 2018
.
17.03.2021 Present: Mr. Gaurav Sharma, Deputy Advocate General, for
the non-applicants/appellants.
Mr. Vijay Chaudhary, Advocate, for the applicants/
respondents.
CMP No. 8428 of 2020
This application has been filed on behalf of
respondents No.1, 2 and 4(a) to 4(g) for release of amount of
compensation as per their entitlement.
Main appeal stands decided on 03.10.2019. Learned
Deputy Advocate General has communicated no objection for
the fact that there is no information that any appeal has been
preferred against the judgment passed by this Court.
Learned counsel for the applicants-respondents
submits that in the connected appeals, amount stands already
released in favour of the applicants-respondents therein.
Initially it was claimed that non-
applicant/respondent No.3/Vidyadei has relinquished her share
in favour of applicants No.1 and 2, however now, it is submitted
by learned counsel for the applicants-respondents that Vidyadei
has chosen to file an independent application for release of
amount in her favour and as a matter of fact, she has filed CMP
No.2877 of 2021 for release of amount of compensation in her
favour and, therefore, learned counsel submits that he has
instructions to withdraw claim of applicants-respondents No.1
and 2 qua share of non-applicant/respondent No.3 Vidyadei and
he has prayed that amount of compensation, according to
individual entitlement of the applicants-respondents in this
application, be ordered to be released. He further submits that
applicants-respondents No.4(a) to 4(g) are entitled for share of
deceased respondent No.4-Shakuntala Devi in equal share.
.
Whereas, entire amount of compensation is to be apportioned
amongst four brothers and sisters i.e. original respondents-
claimants No.1 to 4.
In view of above, present application is allowed and
amount falling in share of applicants-respondents No.1, 2 and
4(a) to 4(g), alongwith up-to-date interest, in terms of final
judgment is ordered to be released in their favour, as per their
entitlement and according to their shares, by remitting the
same in their bank accounts, mentioned in para-4 of the
application, photocopies of front pages of Pass Books whereof
have been annexed with this application.
Application stands disposed of.
CMP No.2877 of 2021
This application has been filed on behalf of
applicant-respondent No.3 for release of amount of
compensation.
Main appeal stands decided on 03.10.2019. Learned
Deputy Advocate General has communicated no objection for
the fact that there is no information that any appeal has been
preferred against the judgment passed by this Court.
Learned counsel for applicant-respondent No.3
submits that in the connected appeals, amount stands already
released in favour of the applicants-respondents therein.
Considering aforesaid facts and circumstances,
present application is allowed and amount falling in share of the
applicant-respondent, alongwith up-to-date interest, in terms of
final judgment is ordered to be released in her favour, as per
her entitlement and according to her share, by remitting the
same in her bank account, mentioned in para-4 of the
application, photocopy of front page of Pass Book whereof has
.
been annexed with this application.
Application stands disposed of.
(Vivek Singh Thakur)
Judge
March 17, 2021
(Purohit)
r to
