Shri Ram General Ins. vs . Rukmi Devi
2025 Latest Caselaw 6182 HP

Himachal Pradesh High Court

Shri Ram General Ins. vs . Rukmi Devi on 29 May, 2025

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

Shri Ram General Ins. vs. Rukmi Devi

FAO No. 334 of 2015

29.05.2025 Present: Mr. Manish Advocate vice Mr. Jagdish Thakur, Advocate for the appellant/non-applicant.

Mr. Kulwant Chauhan, Advocate for respondents No.1 and 2/applicants.

None for respondents No.3 and 4.

CMP No. 10879 of 2025

This application has been filed under order 32 Rule 12 of

the Code of Civil Procedure on behalf of respondent No.2/applicant

with prayer to discharge his natural guardian/mother Rukmi Devi from

representing him and permit him to pursue the matter in his own

individual capacity as he has attained the majority. Copy of Aadhar

Card indicating the date of birth of applicant as 26.1.1998 has been

placed on record which indicates that respondent No.2 has attained the

age of majority on 26.1.2016.

In view of above, respondent No.1 namely Rukmi Devi is

discharged from representing the applicant and applicant is permitted to

persue the matter in his own individual capacity.

Application is allowed and disposed of.

CMP Nos. 10880 and 11956 of 2025

These applications have been filed by

applicants/respondents No.1 and 2 for release of amount of

compensation in their favour.

The main appeal stands decided on 17 th December, 2024.

No objection has been communicated by Insurance Company for

release of the amount as per entitlement of respondents No.1 and 2 in

terms of final judgment.

It has been further submitted that Insurance Company has

also filed an application for refund of amount, deposited in excess in

the Registry.

In view of above, amount of compensation along with up-

to-date proportionate interest, for which applicants/respondents No.1

and 2 are entitled in terms of final judgment passed in main appeal, is

directed to be released in their favour by remitting the same in their

bank accounts mentioned in the application(s). Photocopies of front

pages of Pass Books have also been placed on record.

Applications stand disposed of.

This application has been filed by Insurance Company for

release of amount deposited in excess in the Registry. No objection has

been communicated by learned counsel for claimants for release of

amount for which Insurance Company is entitled for refund in terms of

final judgment.

In view of above, amount of compensation along with up-

to-date proportionate interest, which stands deposited in excess in the

Registry, is directed to be released in favour of Insurance Company by remitting the same in its bank account mentioned in para 5 of the

application.

Application stands disposed of.

May 29, 2025                                     (Vivek Singh Thakur)
(ms)                                                   Judge