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High Court of Himachal Pradesh · body

2025 DAILYLAW 27785 (HP)

ORIENTAL INSURANCE CO v. NAGU RAM

CMP/24669/2024 · 2025-05-01

Vivek Singh Thakur

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OIC Ltd. vs. Nagu Ram and others CMP No.24669 of 2024 in FAO (MVA) No.401 of 2010 01.05.2025 Present: Ms.Nisha Nalot, Advocate, vice Mr.Ishan Sharma, Advocate, for the appellant. Mr.Suneet Verma, Advocate, vice Mr.Varun Rana, Advocate, for respondents No.1 to 3. Mr.G.R. Palsra, Advocate, for respondent No.4. CMP No. 9223 of 2025 This application has been filed under Order 32 Rule 12 of CPC for discharging the natural guardian of applicants-respondents No.2 and 3 and to permit them to contest the matter in their own name and individual capacity. Copies of matriculation certificate of both applicants have been placed on record, indicating that applicant-respondent No.2-Sohan Singh and applicant- respondent No.3-Ravi Kumar have attained majority on 05.02.2009 and 13.02.2010 respectively. Accordingly, respondent No.1-Nagu Ram is discharged from representing applicants-respondents No.2 and 3 and they are permitted to contest the appeal in their individual capacity at their own. Application is allowed and disposed of. CMP No.24669 of 2024 This application has been filed on behalf of applicants-respondents No.1 to 3 for release of amount of compensation in their favour. Main appeal of the non-applicant/appellant Insurance Company was allowed by this High Court on 07.07.2016. The said judgment was assailed by filing Special Leave Petition (C) No.18917 to 18719 of 2018, titled as Jeet Ram vs. Oriental Insurance Company and others, which was decided as Civil Appeal Nos.2771 to 2773 of 2023, titled as Jeet Ram vs. Oriental Insurance Company and others. Etc. vide order dated 10.04.2023 and the judgment passed by the High Court was set aside and the award dated 23.07.2010 passed by MACT has been restored by the Supreme Court. As per MACT, liability to pay compensation was fastned upon Insurance Company. In aforesaid facts and circumstances, no objection has been communicated on behalf of the Insurance Company to allow the application. In view of above, present application is allowed and amount of compensation as per entitlement of applicants- respondents No.1 to 3, alongwith proportionate interest, is directed to be released in their favour, by remitting the same in their bank accounts, photocopies of front pages of Pass Books whereof have been annexed with this application. Application stands disposed of. Application stands disposed of accordingly. (Vivek Singh Thakur) Judge May 1, 2025 (Purohit)