Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 20744 (HP)

REKHA v. HRTC

CMP/17511/2025 · 2025-08-07

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Rekha vs. HRTC and others CMP Nos. 17511 & 17517 of 2025 in FAO No. 36 of 2007 07.08.2025 Present: Mr. Navneet Kumar Bhalla, Advocate, for applicants/appellants. Mr. Dheeraj K. Vashisht, Advocate, for the non- applicant/respondent. CMP No. 17511 of 2025 Heard counsel for the parties. Perused the application. Motor Accident Claims Tribunal had passed an award on 27.10.2006. Against the same, an appeal was preferred before this Court. The same was registered as a FAO No. 36 of 2007 and the same was decided on 5.9.2014. In the appeal so preferred, the applicants No. 2 & 3 were minors. They were being represented therein through their mother and natural guardian. Now they have attained the age of majority, the same is evident from School Leaving Certificates, which have been appended alongwith the present application as Annexures A-2 and A-3. In view thereof, the present application is allowed. The mother/natural guardian Smt. Rekha is discharged from acting as a guardian of applicants No. 2 & 3 in FAO No. 39. 2007. Henceforth, applicants/respondents No.2 & 3 are entitled to pursue remedies in pursuance to judgment dated 05.09.2014, as now they are entitled to protect their interests in their own capacity. Power of attorney on their behalf stands filed. Application stands disposed of. CMP No. 17517 of 2025 No reply is intended to be filed on behalf of the non- applicant. Non-applicant has no objections, if in case, the application is allowed and the amount lying deposited in the Registry of this Court alongwith interest accrued thereupon, is ordered to be released in favour of applicants/respondents No. 1 to 3. Appeal in the case at hand was decided on 05.09.2014. No further proceedings are pending adjudication before the Apex Court. Other than the aforesaid, for the reasons stated in the application, amount lying deposited in the Registry of this Court alongwith interest accrued thereupon, is ordered to be released in favour of applicants/respondents No.1 to 3 in terms of 1/3rd shares to each of the applicants. The amount be remitted to their bank accounts alongwith interest accrued thereupon, details whereof have been given in para 5 of the application subject to proper verification of their identities. The application stands disposed of. (Bipin C. Negi) Judge August 07, 2025 Tarun