CIVIL APPEAL 276 of 1995 on 1 January 1988

CMPs No. 9506 & 9507 of

2017 in FAO No. 276 of 1995

24.11.2017Present: Mr. Dhananjay Sharma, Advocate, vice Mr. SanjeevSood, Advocate, for the appellant/non-applicant.

Mr. Neeraj Gupta, Advocate, for respondents No. 1-10/applicants.

CMP No. 9506 of 2017

Applicants/respondents No. 7 to 10, earlier beingminor, were represented through their mother and naturalguardian, non-applicant/respondent No. 1, Smt. Sheela Devi.Now, they have attained majority on 13.08.2004, 01.01.2005,01.01.2006 and 05.11.2008, as is evident from Annexures R-1 toR-4, wherein dates of birth of Joginder, Gopal, Prabha andSohan Singh, i.e. applicants-respondents No. 7 to 10, have beenindicated as 13.08.1986, 01.01.1987, 01.01.1988 and 05.11.1990,respectively.

In view of the above, the present application isallowed and Smt. Sheela Devi, mother and natural guardian ofapplicants/respondent No. 7 to 10, is discharged fromrepresenting them and applicants/respondent No. 7 to 10 arepermitted to proceed in the matter in their own capacity. Theapplication stands disposed of accordingly.

CMP No. 9507 of 2017

Appeal preferred by the non-applicant/appellant/Insurance Company was dismissed on 25[th] August, 1999. Thereis no information on record as to whether any appeal was ever preferred or is pending in the apex Court against the dismissalof the main appeal.

It is also averred that the awarded amount falling tothe shares of other claimants stands already released in theirfavour and the awarded amount could not have been released toapplicants/respondents No. 7 to 10 as they were minor.

Now, applicants/respondents No. 7 to 10 haveattained majority and have been permitted to proceed in thematter in their own capacity in view of order passed in CMP No.9506 of 2017 (supra). The application is duly supported byaffidavits of applicants/respondents No. 7 to 10.

Accordingly, Registry is directed to release theamount of compensation awarded in favour of applicants/respondent No. 7 to 10, alongwith up-to-date interest, if any, byremitting the same to their respective bank accounts, detailswhereof have been given in para 3 of the application. Theapplication stands disposed of.

(Vivek Singh Thakur)

Judge

November 24, 2017

( rajni )