Unknown vs Ntpc Kol Dam V. Moti Ram
2022 Latest Caselaw 8822 HP

NTPC Kol Dam v. Moti Ram RFA No.4044/2013

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28.10.2022 Present: Mr. Karan Veer Singh, Advocate, vice Mr. Jagdish Thakur, Advocate, for the appellant.

Mr. Pawan K. Sharma, Advocate, for respondents No.1 to 8.

Mr. Hemant Vaid, Additional Advocate General, for respondent No.10.

CMP No.14915/2022

This application has been filed on behalf of

claimants-applicants for release of amount of compensation in

their favour, as per their entitlement, in terms of final judgment

dated 15.12.2017, passed in the appeal, whereby Award dated

22.2.2013, passed by Reference Court, has been upheld.

2. In appeal, there are only 8 claimants, who have been

arrayed as respondents, whereas in Reference Petition No.57 of

2007 there were 9 claimants-petitioners, out of which one Judya

Devi, being deceased, was reflected in the Memo of Parties

through her legal heirs namely Neem Chand, Tek Chand, Lachhi

Ram, Govind, Mohan Lal and Ramesh Chand, being her sons. All

these persons are also party to the Reference Petition in their

individual capacity as Claimants No.2 to 7 and they have been

arrayed as respondents in main appeal as respondents No.2 to 7

(Applicants No.3 to 8 in present application). These persons, in

addition to compensation falling in their share, in their individual

capacity, shall also be entitled to the share for which deceased

Judya Devi was entitled, in equal shares.

3. Judya Devi, though was claimant in the Reference

Petition, and was reflected through her legal heirs, but has not

been arrayed as party in main appeal for the reason that her

legal heirs are already party to the appeal in their individual

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capacity as respondents No.2 to 7.

4. Learned counsel appearing for appellant/non-

applicant has communicated no objection for allowing this

application, in aforesaid terms.

5. In view of above, amount of compensation for which

respondents - applicants No.1 to 8 are entitled in terms of final

judgment, passed by this Court, and observations made

hereinabove, be released in their favour as per their shares,

alongwith up-to-date interest, by remitting the same in their

respective bank accounts, mentioned in Para-5 of application.

Photocopies of front pages of passbooks have also been placed

alongwith application.

Application stands disposed of.

                                                   (Vivek Singh Thakur)
    October 28, 2022(sd)                                 Judge