Extracted from the PDF above. The PDF is authoritative.
HRTC & anr. Vs. Sanku Devi (deceased) & ors. CMP No.23080 of 2026 in FAO No.288 of 2008 10.09.2026 Present: Mr. Vinod K. Gupta, Advocate, for the non- applicants/appellants. Mr. Abhinav Mohan Goel, Advocate, for applicant/respondent No.2. CMP No. 23080 of 2026 The instant application under Section 151 of CPC has been filed on behalf of applicant/respondent No.2, namely Anil Kumar, for release of the balance amount of compensation, falling in the share of deceased respondent No.1-Sanku Devi, which is lying deposited in the Registry of this Court. 2. As per the applicant, deceased respondent No.1- Sanka Devi had executed a Will in his favour and he is only legal representative of deceased respondent No.1. Therefore, it is prayed that the entire balance amount of compensation, falling in the share of deceased respondent No.1 may be released in his favour. The application is duly supported with an affidavit of the applicant as well as copy of Will dated
26.02.2007. 3. Learned counsel for the non-applicant/ appellant stated that he does not intend to file any reply to the application and has no objection in case the prayer made in application is allowed. 4. The main appeal was settled before the National Lok Adalat, vide award dated 23.11.2013, relevant portion of which reads as under:-
“Today the matter was taken up. Learned counsel for the appellant has stated that the appellant-HRTC is ready and willing to pay an amount of 3,70,000/- (rupees three lacs seventy ₹
thousand only) alongwith upto date interest as awarded by the MACT, Kinnaur at Rampur Bushahr, HP. The same is accepted by the learned counsel for respondent No.2, who is also the son and sole legal representative on the basis of Will of respondent No.1. Notarized copy of the Will is brought on record, which is exhibited as Ex.RX. Accordingly, the matter is disposed of by ordering the appellant-HRTC to pay an amount of ₹3,70,000/-(rupees three lacs seventy thousand
only) alongwith upto date interest as awarded by MACT, Kinnaur at Rampur.”
5. I have heard learned counsel for the parties and also carefully gone through the records. 6.
Having perused the averments made in the application, which is duly supported with the affidavit of the applicant/respondent No.2, this Court finds it in the interest of justice to release the entire balance amount of compensation alongwith up-to-date interest, falling in the share of deceased respondent No.1-Sanku Devi, which is lying deposited in the Registry of this Court, in favour of the applicant/respondent No.2-Anil Kumar, after proper verification and identification by remitting the same to his bank account, details whereof have been given in para-6 of the application. The application stands disposed of. ( Sushil Kukreja )
Judge September 10, 2026 (V.Himalvi)