Citation : 2022 Latest Caselaw 3304 HP
Judgement Date : 11 May, 2022
Oriental Insurance Co. Ltd. Vs. Neelam Devi & Ors.
.
FAO(MVA) No. 442/2009
11.05.2022 Present: None for the non-applicants.
Mr. Arun Kumar, Advocate, for applicants/respondents No.5 & 6.
CMP Nos.5000 & 5007/2022
In terms of date of birth reflected in the
matriculation certificates, applicants/respondents No.5 & 6 i.e.
Ms. Banita Devi and Mr. Pankaj Kumar respectively, have
attained the age of majority. Matriculation certificates have
been appended alongwith their respective applications.
Accordingly both the applications are allowed. Their guardians
are discharged. The applicants/respondents No.5 & 6 are
permitted to sue the lis in their own capacity. Applications
stand disposed of.
CMP Nos.5001 & 5005/2022
By means of these applications, respondents No.5
& 6 i.e. Ms. Banita Devi and Mr. Pankaj Kumar respectively
have prayed for release of the compensation amount
alongwith up-to-date interest falling in their shares in terms of
the award and the judgment passed by this Court in the main
appeal. The main appeal was disposed of on 17.06.2016. It
has been submitted that the said judgment has attained finality
and further that shares of many claimants alongwith up-to-date
interest in terms of the aforesaid judgment have already been
released. No appeal against the same has been carried out.
Accordingly, the applications are allowed. The amount falling
.
to the shares of applicants/respondents No.5 & 6 i.e. Ms.
Banita Devi and Mr. Pankaj Kumar respectively with up-to-date
interest, lying deposited in the Registry of this Court, in terms
of the aforesaid judgment, is ordered to be released in their
favour by remitting the same in their bank accounts,
particulars whereof are appended alongwith the application.
Applications stand disposed of accordingly.
Jyotsna Rewal Dua Judge 11th May, 2022(Rohit)
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