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2025 DAILYLAW 23635 (HP)

DALBIR SINGH SINCE DECEASED THROUGH LRS SEEMA DEVI AND ORS v. SUNNY JINDAL AND ANR

CMP/22194/2025 · 2025-09-16

Bipin Chander Negi

body2025

Judgment text

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Dalbir Singh (deceased) through LRs. vs. Sunny Jindal and another CMP No.22194 and CMP No.21728 of 2025 in FAO No.227 of 2021 16.09.2025 Present: Mr. B.S. Chauhan, Senior Advocate with Mr. Peeyush and Ms. Aditi Rana, Advocates, for the applicant/appellants. Ms. Shilpa Sood, Advocate, for the non-applicant/ resondent No.2. Respondent No.1 is proceeded against ex parte vide order dated 30.12.2021. CMP No.22194 of 2025 No reply is intended to be filed on behalf of the non- applicant/respondent No.2. The non-applicant/respondent No.2 has no objection, if in case the present application is allowed. The present application has been filed by the applicant/ appellant No.3. The said applicant/appellant No.3 was a minor during the proceedings before the Motor Accident Claims Tribunal and the appeal in this Court. The present application is duly supported by an affidavit filed by the present applicant/appellant No.3. Along-with present application, Matriculation Certificate of the applicant has also been filed. From perusal of the same, it is evident that the applicant was born on 04.02.2007. In view thereof, he has attained the age of majority. On account of him being minor during the proceedings before the Motor Accident Claims Tribunal and the appeal in this Court, applicant/appellant No.3 was duly represented by his mother and natural guardian. On having attained the age of majority, the applicant/appellant No.3 is entitled to proceed further in the matter in his own capacity. Hence, his mother and natural guardian is discharged from defending the case on his behalf. The application stands disposed of. CMP No.21728 of 2025 No reply is intended to be filed on behalf of the non- applicant/respondent No.2. The non-applicant/respondent No.2 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 his share, along with up-to-date interest accrued thereupon. The appeal, in the case at hand, was decided on 18.04.2024. 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 his favour. The amount be remitted to his bank account, detailed in Paragraph-7 of the application, subject to proper verification. The application stands disposed of. ( Bipin C. Negi ) September 16, 2025 (KS) Judge