Unknown vs National Insurance Company V. ...
2022 Latest Caselaw 8716 HP

National Insurance Company v. Smriti Verma

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CMP No. 13696 of 2022 in

FAO No. 349 of 2009 20.10.2022 Present Mr. Prem P. Chauhan, Advocate, for the non-

applicant/appellant.

Mr. Sahil Verma, Advocate for respondents Nos. 1 and 2/applicants.

CMP No. 13697 of 2022

By way of instant application filed under Order 32 rule 12

CPC, prayer has been made on behalf of respondents Nos. 1 and 2

Smriti Verma and Ritika Verma, for discharging their next friend/natural

guardian, as they have attained majority. No reply is intended to be filed

on behalf of the non-applicant/appellant.

Careful perusal of averments contained in the application,

which is duly supported by an affidavit as also other documents annexed

therewith, this court finds that since respondents Nos. 1 and 2 have

attained the age of majority, they are entitled to prosecute the lis in their

own capacity, as such, this court sees no impediment in accepting the

prayer made in the instant application and same is allowed. Mr. Ramesh

Chand Verma is discharged from the guardianship of the respondents

Nos. 1 and 2, who are permitted to prosecute the lis in their own

capacity. Application stands disposed of.

CMP No. 13697 of 2022

By way of instant application, prayer has been made on

behalf of respondents Nos. 1 and 2 for release of award amount lying

deposited in the Registry of this Court. No reply is intended to be filed on

behalf of the non-applicant/appellant.

Careful perusal of averments contained in the application

reveals that FAO No. 349 of 2009 having been filed by non-

applicant/appellant was dismissed on 9.10.2015. Since none of parties

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have laid challenge to the judgment supra, the same has attained finality

and as such this court finds no impediment in accepting the prayer made

in the instant application, which is allowed.

Registry is directed to release the award amount falling to

shares of respondents Nos. 1 and 2 alongwith upto-date interest and

remit the same into the savings bank account(s) of the applicant(s),

details whereof are given in para-3 of the application, subject to

verification by the Accounts Branch. Needless to say, identities of the

applicants shall be ascertained by the Registry, while releasing the

amount. Application stands disposed of.

(Sandeep Sharma) Judge

October 20, 2022 (vikrant)