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High Court of Himachal Pradesh · body

2025 DAILYLAW 18973 (HP)

UNITED INDIA INSURANCE CO. LTD v. JAI DEVI

CMP/15569/2025 · 2025-07-23

Satyen Vaidya

body2025

Judgment text

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United India Insurance Co. Ltd. vs. Jai Devi and others FAO No.62 of 2017 23.07.2025 Present: Mr.Ishan Sharma, Advocate for the appellant. Mr.Vivek Sharma, Advocate for respondents No.1 to 4/applicants. Mr.Rakesh Thakur, Advocate for respondents No.5 to 7. CMP No.17276 of 2025 By way of this application, a prayer has been made to discharge the guardian of applicant/respondent No.2 master Ankit on the ground that he has attained majority. In addition to the affidavit filed by applicant in support of the averments, he has also annexed a photocopy of matriculation certificate, according to which, the date of birth of the applicant is 07.11.2005. Thus, applicant/respondent No.2 master Ankit having attained majority is entitled to pursue his remedies by himself. Accordingly, the application is allowed and the guardian, who earlier representing applicant/respondent No.2 is discharged and allowed to continue the proceedings in his own right. The application stands disposed of. CMP No.15569 of 2025 This application has been filed by applicants/respondents No.1, 2 and 4 in FAO No. 62 of 2017 for release of the award amount falling to their respective shares. FAO No.62 of 2017 along-with Cross Objection Nos.39 and 45 of 2017 have been decided by this Court vide judgment dated 12.03.2025. As per the aforesaid judgment passed by this Court, an amount of Rs.4,63,944/- was found to have been deposited by the insurer-appellant in excess and on the application of insurer i.e. CMP No.13294 of 2025, the said amount has already been ordered to be released vide order dated 08.07.2025. The prayer made in the application is not opposed and accordingly the same is allowed. Out of the balance award amount lying in the Registry of this Court, after deduction of amount released in favour of the insurer-appellant, the entire balance amount falling to the respective shares of applicants i.e. respondents No.1, 2 and 4 in FAO No. 62 of 2017 namely, Jai Devi, Ankit and Dwarka Devi along-with proportionate interest accrued thereon be released in their favour by remitting the same to their respective bank accounts as detailed in para 11 of the application, after due verification. The application stands disposed of. ( Satyen Vaidya ) Judge July 23, 2025 (naveen)