9.2023 Present: Mr. Ishan Sharma vs Mr. Karan Singh Kanwar
2023 Latest Caselaw 12772 HP

United India Insurance v. Bimla Devi

.

CMP Nos. 11022, 11023 and 11024

of 2023 in FAO No. 45 of 2018

01.9.2023 Present: Mr. Ishan Sharma, Advocate, for the non-

applicant/appellant.

Mr. Karan Singh Kanwar, Advocate, for the applicants/respondents.

CMP Nos. 11022 and 11023 of 2023

By way of instant applications, prayer has been made by the applicants/respondents No.2 and 3 namely

Abhishek and Shweta Jistu, for discharge of their natural

guardian as they have attained majority. No reply is intended to be filed by the non-applicant to the instant applications.

Having heard learned counsel for the parties and

perused averments contained in the applications, which are duly supported by the affidavits as well as documents annexed

therewith, this Court finds that interest of the applicants/respondents No.2 & 3 was earlier being protected by

Smt. Bimla Devi-respondent No.1. Since the applicants have attained majority, they are entitled to prosecute the case in

their independent capacity and as such, prayer made for discharge of natural guardian, deserves to be allowed.

Consequently, in view of the above, the applications are allowed and Smt. Bimla Devi is discharged from the natural guardianship of the applicants/respondents No. 2 and 3, who are further allowed to prosecute the case in their own independent capacity. Applications stand disposed of.

CMP No. 11024 of 2022 By way of instant application, prayer has been made by the applicants /respondents No.1 to 3 for release of the award amount lying deposited in the Registry of this court. No reply is intended to be filed by the non-applicant/appellant to the instant application.

Careful perusal of record reveals that FAO No. 45 of 2018, having been filed by the non-applicant/appellant stands

finally decided vide judgment dated 13.12.2019, by this Court. Since no appeal, whatsoever, has been filed against the

.

aforesaid judgment in the superior court of law by either of the parties, same has attained finality.

Consequently, in view of the above, this court sees

no impediment in accepting the prayer having been made by the applicants for release of award amount lying deposited in the Registry of this Court and accordingly, the application is

allowed and Registry is directed to release the award amount in favour of the applicant, by remitting the same in their saving bank accounts strictly as per their shares, detail whereof is

mentioned in para-4 of the application, subject to verification

by the Accounts Branch. Application stands disposed of.

    September 1, 2023                            (Sandeep Sharma),


    manjit                                             Judge