Extracted from the PDF above. The PDF is authoritative.
United India Insurance Co. Vs. Leela Wati & Ors. a/w connected matter. FAO No.145 of 2013
06.06.2025 Present: Mr. Ishan Sharma, Advocate, for the appellant. Mr. N.K. Thakur, Senior Advocate, with Ms. Priyanka
Chandel,
Advocate,
for
the respondents/claimants. CMP No. 11315 of 2025 in FAO No.145 of 2013 This application has been filed for substitution of the applicants in place of (deceased) respondents No.1 and 2 through their heirs mentioned in Para No.4 of the application, namely Omkar (son), Meena (daughter) and Mamta (daughter). To substantiate the plea that the persons mentioned in Para No.4 of the application are legal heirs of deceased Leela Wati and Banwarli Lal copy of Legal Heirs Certificate of deceased Banwari Lal issued by the Deputy District Magistrate Shahbad Janpad Rampur and copy of certificate certifying death of Leela Wati issued by the Pradhan Panchayat singed by other officials and office bearers of Panchayat and BDC Members have been placed on record. The proposed respondent are in consonance with the detail of legal heirs mentioned in Legal Heirs Certificate of deceased Banwarilal Lal. No objection has been communicated for allowing the application. For material placed on record Omkar, Mamta and Meena mentioned in Para No.4 of the application are
permitted to be substituted, in place of (deceased) respondent No.1 and 2. The present application stands disposed of, in the aforesaid terms. CMP No. 11316 of 2025 in FAO No.145 of 2013 This application has been filed for releasing of amount of compensation awarded in favour of respondents No.1 and 2. Respondents No.1 and 2 are survived by three legal heirs, namely Omkar, Mamta and Meena. This application has been filed on behalf of only two children, i.e. Omkar and Meena. The main appeal stands decided on 28.03.2024. No objection has been communicated for release of amount of compensation as per entitlement. All three children of deceased respondents No.1 and 2 are entitled for 1/3rd share each out of the total amount of compensation awarded in favour of both claimants who were their parents. Accordingly, the application is allowed and amount falling in the share of Omkar and Meena is directed to be released in their favour as per their respective share, alongwith up-to-date proportionate interest, by remitting the same in their respective bank accounts mentioned in Para No.5 of the application.
Photo copy of blank cheque of Omkar and copy of front page of passbook of Meena have been placed on record. The present application stands disposed of, in the aforesaid terms. CMP No. 11317 of 2025 in FAO No.145 of 2013 The present application is allowed in terms of prayer and stands disposed of accordingly. (Vivek Singh Thakur) Judge
June 06, 2025 (Shamsh Tabrez)