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High Court of Himachal Pradesh · body

2025 DAILYLAW 18998 (HP)

UNITED INDIA INSURANCE CO. LTD v. PARMA NAND AND ORS

CMP/16684/2025 · 2025-09-12

Bipin Chander Negi

body2025

Judgment text

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United India Insurance Company Ltd. vs. Parma Nand and others CMP Nos.16684 and 16685 of 2025 in FAO No.519 of 2020 12.09.2025 Present: Mr. Ishan Sharma, Advocate, for the appellant/ non- applicant. Mr. Rohit, Advocate, vice Mr. Sumit Sood, Advocate, for the respondents/ applicants. CMP No.20303 of 2025 No reply is intended to be filed on behalf of the non- applicant/appellant. Heard learned counsel for the parties and perused the application. For the reasons stated in the applications, the same is allowed and the affidavit of father and natural guardian of Ronika Devi @ Raveena Devi, duly assisted by the Executive Magistrate, Kullu is ordered to be taken on record. The application stands disposed of. CMP No.16684 of 2025 No reply is intended to be filed on behalf of the non- applicant/appellant. In the award passed, in the case at hand, before the Motor Accident Claims Tribunal and in the judgment passed by this Court in the appeal, the name of respondent No.7 was reflected as Ronika Devi. The said Ronika Devi was a minor at the time of filing of the claim petition before the Motor Accident Claims Tribunal. The same was decided on 20.07.2000 and in the same her interests were protected by her father and natural guardian. The appeal, in the case at hand, was decided on 29.02.2012. Herein, again her interests were protected by her father and natural guardian. The Date of Birth of Ronika Devi is stated to be 20.09.1996. In this respect, her Matriculation Certificate has been placed on record. However, in the Matriculation Certificate, her name has been entered as Raveena, though the name of father is Shri Parma Nand. In this respect, the father of the applicant has filed an application being CMP No.20303 of 2025 and along with the same, he has filed an affidavit duly attested by the Executive Magistrate, Kullu. A perusal of the affidavit categorically reflects that Ronika Devi is also referred as Raveena Devi. In the aforesaid facts and attending circumstances of the case, it is evident that Ronika Devi @ Raveena has attained the age of majority and in view thereof she is entitled to proceed further in the matter in her own capacity. Hence, her father and natural guardian -Shri Parma Nand is discharged from defending the case on her behalf. The application stands disposed of. CMP No.16685 of 2025 No reply is intended to be filed on behalf of the non- applicant/appellant. The applicant/appellant has no objection, if in case, the amount lying deposited in the Registry of this Court, is ordered to be released in favour of the applicant, in terms of her share, along with up-to-date interest accrued thereupon. The appeal, in the case at hand, was decided on 29.02.2012. Learned counsel for the parties jointly submit that no further proceeding against the said decision are pending before the Hon’ble Apex Court. Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court falling to the share of the applicant, along-with up-to-date interest accrued thereupon is ordered to be released in her favour. The amount be remitted to her bank account, detailed in Annexure P-2, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) September 12, 2025 (KS) Judge