United India Insurance Co. Ltd. vs . Reena Devi And Others
2022 Latest Caselaw 8767 HP

United India Insurance Co. Ltd. Vs. Reena Devi and others

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CMP No. 14629 of 2022 in FAO No. 311 of 2009

21.10.2022 Present: Mr. Rajat Awasthy, Advocate for the applicant/respondent No. 2.

CMP No. 14629 of 2022 By way of this application, the applicant/respondent

No. 2 has prayed that she has attained the age of majority, in these

circumstances, next friend of the applicant, who was pursuing the case

on her behalf, in her capacity as mother and natural guardian, i.e.

respondent No. 1, be discharged and applicant/respondent No. 2 be

permitted to pursue the case in her own capacity and award amount

falling to her share be released in her favour. In support of the prayer

made in the application, copy of matriculation certificate of the

applicant/respondent No. 2, namely, Akanksha, has been appended

with the application as Annexure A-2, a perusal of which shows that

date of birth of the applicant Akanksha, is 27.06.2003 and she has

attained the age of majority on 26.06.2021.

No reply to the application is intended to be filed by the

non-applicants/appellant.

After hearing learned Counsel for the parties, the

application is allowed and mother of the applicant/respondent No. 2 is

discharged as guardian of applicant/respondent No. 2 and

applicant/respondent No. 2 is permitted to pursue her case in her own

capacity.

Learned Counsel for the applicant submits that the

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judgment passed by this Court in the main appeal has attained finality.

Having heard learned Counsel for the applicant and

having perused the averments made in the application, this application

is allowed with the direction that the balance award amount, with up-

to-date interest thereon, as per share of the applicant, strictly in terms

of the judgment passed by this Court, be released in favour of the

applicant/respondent No. 1, by remitting the same in her bank account,

as per details provided in the application. The application stands

disposed of accordingly.

(Ajay Mohan Goel) Judge October 21, 2022

(narender)