Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 21705 (HP)

GENERAL MANAGER v. BIHARI LAL(SINCE DECEASED) THROUGH LRS RAMAN KUMAR AND ORS

CMP/19660/2025 · 2025-08-20

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

General Manager Northern Railways Vs. Bihari Lal (deceased) & Ors. CMP No. 19657 of 2025 in RFA No. 232 of 2013 20.08.2025 Present: Mr. Bharat Bhushan, Senior Penal Counsel, for the non-applicant/appellant. Mr. Raj Kumar Negi, Additional Advocate General, for the respondent-State. Ms. Kavita Kajal, Advocate, vice Mr. Atharv Sharma, Advocate, for the applicants/respondents. CMP No. 19657 of 2025 No reply is intended to be filed on behalf of non- applicants and non-applicants have no objection, if in case the present application is allowed and the legal heirs of deceased respondent No. 12 are brought on record. From a perusal of the death certificate, it is evident that respondent No. 12 – Dev Raj is stated to have died on 09.07.2017. The right to receive the compensation survives in the proposed legal heirs of deceased respondent No. 12, details whereof have been given in Para No. 1 of the application. Since the right to receive compensation survives with the legal heirs of deceased respondent No.12- Dev Raj, detailed in Para No. 1 of the application, therefore, the present application is allowed and they are ordered to be brought on record and name of deceased respondent No. 12 – Dev Raj is ordered to be deleted from the array of the parties. Application stands disposed of. Amended memo of parties is ordered to be taken on record. CMP No. 19658 of 2025 Allowed and the applicant is exempted from filing English translated Copies of the documents annexed with the application (CMP No. 19657 of 2025), at this stage, subject to filing of the same within seven days, as and when directed to do so. The application stands disposed of. CMP No. 19659 of 2025 No reply is intended to be filed on behalf of non- applicants and non-applicants have no objection, if in case the present application is allowed and the legal heirs of deceased respondent No. 1(a) are brought on record. From a perusal of the death certificate, it is evident that respondent No. 1(a) – Raman Kumar is stated to have died on 01.12.2016. The right to receive the compensation survives in favour of the proposed legal heirs of deceased respondent No. 1(a), details whereof have been given in Para No. 1 of the application. Since the right to receive compensation survives with the legal heirs of respondent No. 1(a) – Raman Kumar, detailed in Para No. 1 of the application, therefore, the present application is allowed and they are ordered to be brought on record and name of deceased respondent No. 1(a) – Raman Kumar is ordered to be deleted from the array of the parties. Application stands disposed of. Amended memo of parties is ordered to be taken on record. CMP No. 19660 of 2025 Allowed and the applicant is exempted from filing English translated Copies of the documents annexed with the application (CMP No. 19659 of 2025), at this stage, subject to filing of the same within seven days, as and when directed to do so. The application stands disposed of. CMP No. 19661 of 2025 No reply is intended to be filed on behalf of the non-applicants. Non-applicants have no objection, in case amount lying deposited in the Registry of this Court is ordered to be released in favour of the present applicants. For the reasons stated in the application, amount lying in the Registry of this Court along with proportionate interest is ordered to be released in favour of the applicants, in term of the shares, details whereof have been given in para-2 of the application, by remitting the same in their respective bank accounts, details whereof have been given in para-2 of the application subject to proper verification of their identities. Application stands disposed of. ( Bipin C. Negi ) 20th August, 2025 Judge (Shamsh Tabrez)