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2025 DAILYLAW 10084 (HP)

CHAMERA PROJECT v. CHAMAN SINGH

CMP/12482/2025 · 2025-06-03

Bipin Chander Negi

body2025

Judgment text

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Chamera Project vs. Chaman Singh (deceased) through LRs & others. CMP No.12482 of 2025 in RFA No.87 of 1998 03.06.2025 Present: None for the non-applicants/appellants. Mr. Pawan Chauhan, Advocate, vice Mr. B.N. Mehta, Advocate, for the applicants/respondents. Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.11 & 12. CMP(M) Nos. 840 and 841 of 2025 No reply is intended to be filed on behalf of the non-applicants. Non-applicants have no objection if in case, the legal heirs of deceased respondent No.2 are ordered to be brought on record. Respondent No.2 is stated to have died on 24.05.2017. Right to receive compensation survives in the legal heirs, details whereof have been given in para 2 of the application (CMP(M) No.840 of 2025). The date of death of respondent No.2 is evident from the death certificate appended along with the application. Therefore, legal heirs, as detailed in para 2 of the application (CMP(M) No.840 of 2025), are ordered to be brought on record. For the reasons stated in the application (CMP(M) No.841 of 2025), the delay in bringing on record is condoned. Abatement, if any, is set-aside. Even otherwise there is no abatement on account of death of respondent No.2. Applications stand disposed of. Amended memo of parties be filed within a period of two weeks. CMP No.12482 of 2025 Appeal in the case at hand was decided on 11.09.2007. No further proceedings are pending against the same before the Apex Court. For the reasons mentioned in the application, the same is allowed and the amount lying deposited in the Registry of this Court is ordered to be released in favour of the applicants/legal heirs of deceased respondent No.2 alongwith proportionate interest accrued thereupon. Each legal heir would be entitled to 1/4th share in the amount which was payable to deceased respondent No.2 Naino Devi. The amount shall be remitted to their bank accounts, details whereof have been given in para 4 of the application, subject to proper verification of their identities. Application stands disposed of. (Bipin C. Negi) Judge June 03, 2025 (veena)