Anuj Sirkek vs . Neelam Devi & Ors.
2023 Latest Caselaw 17919 HP

Anuj Sirkek Vs. Neelam Devi & Ors.

CMP No.15890 of 2023 in

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FAO No.10 of 2016

10.11.2023 Present: Mr. H.S. Rangra, Advocate, for applicant-

respondent No.1.

Mr. Jagdish Thakur, Advocate, for the non- applicant-appellant.

CMP No.15890 of 2023

Heard.

In view of the averments made in the

application, the same is allowed and the guardian/next

friend of applicant-respondent No.1 is discharged and

applicant-respondent No.1, who has attained the age of

majority, is permitted to be sued in her own capacity.

The application stands disposed of.

CMP No.15891 of 2023

Heard.

The present application has been filed on

behalf of the applicant-respondent No.1 Kumari Ruchi for

release of the amount of compensation lying deposited in

the Registry of this Court.

As per the applicant, she is in dire need of the

money and in view of the final decision of the appeal

(FAO No.10/2016), vide judgment dated 09.08.2021, the

amount of compensation, falling in the share of the

applicant-respondent No.1, lying deposited with the

Registry of this Hon'ble Court may be ordered to be

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released in his favour.

Learned counsel for the non-applicant/

appellant/Bajaj Allianz Insurance Company, has submitted

that he has no objection in case the share of the

applicant-respondent No.1, lying deposited in the Registry

of this Court is released in her favour, as the award has

attained finality and no appeal has been preferred against

the judgment dated 09.08.2021 passed by this Court in

FAO No.10 of 2016.

Heard. Having perused the averments made in

the application, which are duly supported with the affidavit

of the applicant and also in view of the fact that the

judgment passed by this Court has attained finality, this

Court finds it in the interest of justice to release the

amount of compensation, falling in the share of the

applicant-respondent No.1, lying deposited in the Registry

of this Court alongwith up-to-date interest in her favour,

after proper verification and identification, by remitting the

same to her bank account, details whereof have been

given in para-4 of the application.

The application stands disposed of.

                                                 ( Sushil Kukreja )
     November 10, 2023                                 Judge
            (VH)