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High Court of Himachal Pradesh · body

2025 DAILYLAW 16877 (HP)

SURENDER KUMAR v. CHAND AND ORS

CMP.M/1351/2024 · 2025-07-10

Vivek Singh Thakur

body2025

Judgment text

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Jai Kishan vs. Mansa Ram CMP(M) No. 429 of 2025 10.07.2025 Present: Mr. Rahul Mahajan, Advocate for the applicant. Respondent No.1 is stated to have expired. Mr. Tek Chand Advocate for respondents No.2 to 4. Notice issued to respondent No.1 has been received back unserved with report that he has expired in February, 2021. Appropriate steps on account of death of respondent No.1 be taken within three weeks. List for further order on 13th August, 2025. July 10, 2025 (Vivek Singh Thakur) (ms) Judge New India Assurance Co. vs. Mast Ram FAO No. 374 of 2015 10.07.2025 Present: Mr Ishan Sharma, Advocate for the non- applicant/appellant. Mr Ajay Sharma, Advocate for respondent No.1. None for respondents No.2 and 3. CMP No.14423 of 2025 This application has been filed on behalf of respondent No.1/applicant for releasing the amount of compensation awarded in his favour. The main appeal stands decided on11th May, 2024. No objection has been communicated for allowing the application. In view of above, amount of compensation awarded in favour of applicant/respondent No.1 in terms of final order passed by this Court, be released in his favour along with up-to-date proportionate interest thereon by remitting the same in his bank account, mentioned in para 3 of application. Photocopy thereof has also been placed on record. Application stands disposed of in aforesaid terms. July 10, 2025 (Vivek Singh Thakur) (ms) Judge United India Ins. Vs. Devki Devi FAO No. 78 of 2025 10.07.2025 Present: Mr. Pritam Singh Chandel, Advocate for the applicant. Mr. Bhim Raj Sharma, Advocate vice Mr. L.S. Mehta, Advocate for respondents No.1 and 2. Mr. Ranbir Singh, Advocate for respondents No.3(i) to 3(iv) Power of attorney(s) on behalf of respondents, if not filed, be filed within one week. List for hearing after completion. Names of Mr. L.S. Mehta and Mr. Ranbir Singh, Advocates, be reflected for respective respondents in the cause list in future. July 10, 2025 (Vivek Singh Thakur) (ms) Judge United India Ins. Vs. Devki Devi FAO No. 83 of 2025 10.07.2025 Present: Mr. Pritam Singh Chandel, Advocate for the applicant. Mr. Bhim Raj Sharma, Advocate vice Mr. L.S. Mehta, Advocate for respondents No.1 and 2. Mr. Ranbir Singh, Advocate for respondents No.3(i) to 3(iv) Power of attorney(s) on behalf of respondents, if not filed, be filed within one week. List for hearing after completion. Names of Mr. L.S. Mehta and Mr. Ranbir Singh, Advocates, be reflected for respective respondents in the cause list in future. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Surender Kumar vs. Chand CMP(M) No. 1351 of 2024 10.07.2025 Present: Mr. Suneet Verma, Advocate vice Mr. Varun Rana, Advocate for the applicant. Mr. Amit Singh Chandel, Advocate for respondents No.1 and 2. Mr. Jagdish Thakur, Advocate for respondent No.3. CMP(M) No. 1351 of 2024 This application has been filed for condonation of delay in filing the appeal. Reply on behalf of respondent No.3 stands filed. No reply has been filed on behalf of respondents No.1 and 2. The prayer for condonation of delay has been opposed by learned counsel for respondents on the ground that day-to-day delay, as required to be explained, has not been explained. For reasons stated in application and considering the submissions made by learned counsel for appearing parties, delay in filing the appeal is condoned. Appeal be registered. Application is allowed and disposed of. FAO No. of 2025 (FAOST No.26389/2024) Be registered. Admit. Record be requisitioned. Parties are duly represented. Therefore, no post admission notice is required to be issued. List for hearing in due course after completion. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Har Krishan vs. National Rural Health FAO No. 340 of 2024 10.07.2025 Present: Mr. J.P. Sharma, Advocate vice Mr. B.R. Verma, Advocate for the appellant. Mr. Sanjay Dutt Vasudeva, Deputy Advocate General, for respondent No.1. Respondent No.2 is proceeded ex-parte. Mr. Ishan Sharma, Advocate for respondent No.3. CMP No. 15564 of 2025 This application has been filed seeking permission for service of respondent No.4 by way of publication on the ground that address of respondent No.4 mentioned in memo of parties of appeal is same as it was mentioned in memo of claim petition and on the same address, respondent No.4 was served and it was duly represented by Ms. Anita Goonta, Advocate after service on same address. But now summons issued to respondent No.4 have been received back unserved for want of correct address. It has been submitted that respondent No.4 has not disclosed any change in address at any point of time and the last known address of respondent No.4 is same as mentioned in memo of parties. In aforesaid circumstances, prayer of appellant is accepted and respondent No.4 is permitted to be served by way of publication in the newspaper having wide circulation in the last known address of respondent No.4. Application is allowed and disposed of. FAO No. 340 of 2024 Appropriate steps for service of respondent No.4, in terms of order passed in CMP No. 15564 of 2025, be taken within two weeks. On taking steps, service of respondent No.4 be completed. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Tara Chand vs. Devindra Devi FAO No. 331 of 2023 10.07.2025 Present: Mr. Mukul Sood, Advocate for the appellant. Mr. H.S. Rangra, Advocate for respondents No.1 to 3. Mr. Jagdish Thakur, Advocate for respondent No.4. CMP No. 19635 of 2023 Reply to this application, as prayed, be filed within two weeks positively, failing which right to file reply shall stand closed. List for consideration along with main appeal at the time of final hearing. July 10, 2025 (Vivek Singh Thakur) (ms) Judge National Ins. Co. Ltd. vs. Indu Bala FAO No. 126 of 2023 10.07.2025 Present: Mr. Jagdish Thakur, Advocate for the appellant. Mr. Mukul Sood, Advocate for respondents No.1 to 4. Appropriate steps for service of respondent No.5 be taken on or before 21st July, 2025. On taking steps, service of respondent No.5 be completed. List for hearing after completion. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Nathu Ram vs. Gurmeet (deceased) through LRs. RSA No. 373 of 2019 10.07.2025 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr. Somesh Sharma, Advocate vice Mr. Karun Negi, Advocate for the appellant. Mr. Shivam Sharma, Advocate for respondents No.1(a) and 1(b). Mr. Arvind Sharma, Advocate for respondents No.2 to 6. Respondents No.2 to 6 stand duly served. Mr Arvind Sharma, Advocate, has put in appearance on their behalf. As prayed, power of attorney on behalf of these respondents be filed within three weeks. List for consideration on 28th August, 2025. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Bansi Lal vs. Pratap Singh and others RSA No. 135 of 2019 10.07.2025 Present: Mr. Vishwa Bhushan, Advocate for the appellants except appellant No.1. Appellant No.1 is stated to have expired. Respondent No.1 is stated to have expired. Mr. Vishwas Kaushal, Advocate vice Mr. Vivek Negi, Advocate for respondents No.2 and 3. Respondents No.5(a) to 5(c), 6, 7 and 9 to 13 are ex-parte vide order dated 15.5.2025. Consequential steps on account of death of respondent No.1 have not been taken. At this stage, learned counsel for appellants submits that now as per information available with him, appellant No.1 has also expired. Appropriate steps on account of death of appellant No.1 as well as respondent No.1 be taken within four weeks positively, failing which adverse order shall follow. List for further order on 28th August, 2025. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Mehar Singh vs. Rajesh Kumar Civil Revision No. 241 of 2018 10.07.2025 Present: Mr. Vishwas Kaushal, Advocate vice Mr. Vivek Negi, Advocate for the petitioner. Ms. Upasana Thakur, Advocate vice Mr. K.S. Kanwar, Advocate for the respondent. Further one week’s time is granted, by way of special indulgence for filing fresh power of attorney on behalf of petitioner, in terms of order passed on previous date. List for consideration on 24th July, 2025. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Anil Sharma vs. Dorje Gialchhan Negi RSA No. 108 of 2016 10.07.2025 Present: Ms. Tamanna Advocate vice Ms. Rachna Kuthiala, Advocate for the appellant. Mr. Ajeet Pal Singh Jaswal, Advocate vice Mr. Janesh Gupta, Advocate for respondent No.1. Ms. Sukriti Advocate vice Mr. Rajnish K. Lal, Advocate for respondents No. 2 to 5. CMP No.9624 of 2025 Reply to this application, as prayed, is permitted to be filed during the course or day. List for consideration along with main appeal on next date. RSA No. 108 of 2016 List for final hearing on 26th August, 2025. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Bhagat Singh @ Bagga vs. NCB Cr.MP(M) No. 1628 of 2025 10.07.2025 Present: Mr. Rakesh Kumar Chaudhary, Advocate for the petitioner. Mr.Ashwani Pathak, Sr. Advocate with Mr. Dev Raj, Advocate for the respondent. Notice. Mr. Dev Raj, Advocate, appears and waives service of notice on behalf of respondent and seeks time to file response. Be filed, as prayed, on or before next date of hearing. List on 6th August, 2025. July 10, 2025 (Vivek Singh Thakur) (ms) Judge Oriental Ins. Co. Ltd. vs. Joginder Singh FAO No. 182 of 2025 10.07.2025 Present: Ms. Meenakshi Sharma, Advocate vice Mr. Narender Sharma, Advocate for the appellant. FAO No. 182 of 2025 Admit. Post admission notice to the respondents, returnable on next date, on taking steps within two weeks, be issued. Record be requisitioned. List for further order on 17th September, 2025. CMP No. 15663 of 2025 Subject to deposit of amount of compensation along with up-to-date interest in the Registry of this Court on or before 30th August, 2025, the operation and execution of impugned award dated 11.2.2025 passed in MACT Petition/CIS Registration No. 365 of 2018 titled Joginder Singh vs. Harbhajan Singh and others shall remain stayed during pendency of main appeal, subject to alteration, modification and vacation on motion. On failure in deposit of the amount of compensation in aforesaid terms, the interim protection granted shall stand vacated automatically. Application stands disposed of. July 10, 2025 (Vivek Singh Thakur) (ms) Judge National Ins. Co. Ltd. vs. Raj Kumari FAO No. 52 of 2016 10.07.2025 Present: Mr. Deepak Bhasin, Sr. Advocate with Mr. Sambhav Bhasin, Advocate for the appellant. Mr. Y.K. Thakur, Mr. Bhanu Verma and Mr. Ritik Prashar, Advocates, for respondents No.1 to 6. Respondents No.1 and 6 namely Raj Kumar and Chandan Kumar are present in person. Mr. Ashir Kaith, Advocate vice Mr. Hamender Singh Chandel, Advocate for respondent No.7. CMP No. 15745 of 2025 This application has been filed by applicants/respondents No. 2 to 4 namely Anjali Kumari, Juhi Kumari and Chandan Kumar for discharging their natural guardian Raj Kumari (respondent No.1) from representing them and permit them to pursue the matter in their own individual capacity as the applicants/respondents No.2 to 4 have attained majority on 5.6.2017, 8.3.2019 and 1.1.2021 respectively. To substantiate this plea, the photocopies of matriculation certificates of applicants/respondents No.2 to 4 have been placed on record. No objection has been communicated for allowing the application. The application is duly supported by all three applicants/respondents No.2 to 4. In view of above, respondent No.1 Raj Kumari is discharged from representing respondents No.2 to 4 and they are permitted to pursue the matter in their own individual capacity. Application stands disposed of. CMP No. 15744 of 2025 This application has been filed for distribution of share of claimant/respondent No.5 Geeta Devi in favour of applicants/respondents No.1 to 4. It has been submitted that originally there were six claimants in the claim petition before the MACT i.e. wife of Kamlesh Tiwari, three children of Kamlesh Tiwari and parents i.e. Geeta Devi and Keshav Tiwari. Being father Keshav Tiwari was not awarded any compensation by the MACT and said finding has been accepted by Keshav Tiwari and other claimants and said aspect of award has not been assailed by any party and therefore, he is not necessary party for compromising the matter as he is not involved in the matter. During pendency of present appeal, respondent No.5 Geeta Devi has expired on 20.6.2016 and after her death, amount of compensation is to be apportioned amongst remaining claimants because there was and is no other dependent legal heir, entitled to claim the compensation on account of death of Kamlesh Tiwari and claimant/respondent No.5 was dependent claimant being mother of Kamlesh Tiwari and remaining claimants are now wife and children of Kamlesh Tiwari and therefore, by applying the principal of reversion of estate to source as contained under Section 15(2) of Hindu Succession Act, amount of compensation apportioned in favour of Geeta Devi deserves to be apportioned amongst remaining claimants/respondents No.1 to 4, as amount of compensation was awarded on account of death of husband of claimant/respondent No.1 and father of claimants/respondents No.2 to 4. It has been further submitted that though in prayer clause, request has been made only to distribute the share of Geeta Devi amongst surviving applicants/claimants/respondents No.1 to 4. However, due to inadvertent mistake, prayer for deletion of name of Geeta Devi has not been typed and such mistake could not be rectified due to oversight and prayer has been made to consider this application for composite relief i.e. deletion of name of respondent No.5 and distribute the amount of compensation amongst surviving dependents/legal representatives of deceased Kamlesh Tiwari. Prayer is accepted and name of Geeta Devi is ordered to be deleted from array of parties and amount of compensation awarded in her favour is ordered to be distributed amongst surviving claimants in equal proportion. Application is allowed and disposed of. FAO No. 52 of 2016 & CMP Nos. 15742 & 15747 of 2025 For completion of record, Insurance Company is directed to file amended memo of parties within one week. Vide separate order of even date, appeal along with application(s) stand disposed of. July 10, 2025 (Vivek Singh Thakur) (ms) Judge