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High Court of Himachal Pradesh · body

2025 DAILYLAW 16691 (HP)

The New India Insurance Company v. Smt Amita Kumari

CMP/13299/2025 · 2025-06-26

Satyen Vaidya

body2025

Judgment text

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New India Ass. Co. Ltd. vs. Smt. Amita Kumari & Ors. FAO No. 380 of 2019. 26.06.2025 Present: Mr. Parneet Gupta, Advocate, for the appellant. Mr. Vijay Chaudhary, Advocate, for respondents No.1 to 5. CMP No. 13871 of 2025 No reply is sought to be filed. This application has been filed by Mohit Bhardwaj, respondent No.2 in FAO No. 380 of 2019 with a prayer to discharge the guardian as the applicant has attained the age of majority. Contents of the application are supported by an affidavit. In addition, a copy of matriculation examination certificate has also been annexed, according to which, his date of birth is 30th January, 2005. Thus, the applicant having attained the age of majority is competent to pursue his remedies by himself. Accordingly, the application is allowed. The guardian is discharged and the applicant is allowed to pursue his remedies in his own right. Application stands disposed of. CMP No. 13872 of 2025 Allowed. CMP No. 13299 of 2025 No reply is sought to be filed. The prayer in the application is to release the award amount falling to the share of the applicant Mohit Bhardwaj in terms of judgment passed by this Court on 23.12.2022 in RSA No. 380 OF 2019. The judgment passed by this Court has not been assailed further and has attained finality. Hence, there is no impediment in granting the prayer made in the application. Accordingly, the application is allowed. The amount lying in deposit, as per the share of the applicant/respondent No.2 Mohit Bhardwaj is ordered to be released in his favour along with upto date interest accrued thereon by remitting the same to his bank account as detailed in para-6 of the application after due verification. Application stands disposed of. (Satyen Vaidya) Judge 26th June, 2025. (Jai)