CMP Nos. 11913, 11914 & 11915 of 2020 in FAO No. 14/2013

12.11.2020 Present: Mr. B.M. Chauhan, Sr. Advocate with Mr.Vaibhav Tanwar, Advocate, for the non-applicant/appellant.

Ms. Rameshwari Sharma, Advocate, for th applicant/respondent No.2.

Ms. Komal Chaudhary, Advocate, for respondents No. 5 & 6.

Through video conferencing.

CMP No. 11913 of 2020

By way of instant application, under Order 32, Rule 12, read with Section 151 of the Code of Civil Procedure, prayer has been made by applicant/respondent No.2, Kumari Banita alias Babita, for discharging her natural guardian Smt. Suman Kumari/respondent No. 1 and to permit her to prosecute the case at hand in her independent capacity as she has attained majority.

Learned Counsel representing the nonapplicant/appellant states that he does not intend to file any reply to the application and has no objection in case prayer made in the application is accepted.

Averments contained in the application, which is duly supported by an affidavit as well as documents annexed therewith, clearly suggest that applicant/respondent No. 2 has attained majority and as such, she is entitled to prosecute the case at hand in her independent capacity.

In view of the above, the application is allowed. Respondent No.1 Smt. Suman Kumari, is discharged from guardianship of applicant/respondent No.2, who is further permitted to prosecute the case at hand in her independent capacity. Application stands disposed of.

CMP No. 11915 of 2020

By way of instant application, prayer has been made on behalf of the applicant/respondent No.2, for release of award amount lying deposited in the Registry of this Court.

Learned Counsel representing the nonapplicant/appellant while fairly admitting the fact that appeal bearing FAO No. 14/2013, having been filed by the nonapplicant/appellant, laying therein challenge to award dated 30.6.2012, passed by learned Motor Accident Claims Tribunal-II, Fast Track Court, Kullu, H.P. in MAC No. 01 of 2007 stands finally decided vide judgment dated 09.12.2016, states that he shall have no objection, in case prayer made in the application is accepted.

Having heard learned counsel for the parties and perused the averments contained in the application, which is duly supported by an affidavit, this Court finds that appeal bearing No. 14/2013, having been filed by the non-applicant/appellant, stands finally decided vide judgment dated 09.12.2006. Since, none of the parties has filed appeal before the superior Court of law, aforesaid judgment passed by this Court has attained finality and as such, this Court sees no impediment in accepting the prayer made in the instant application for release of award amount lying deposited in the Registry of this Court.

Consequently, in view of the above, the present application is allowed and Registry is directed to release award amount lying deposited in the Registry of this Court in favour of the applicant/respondent No.2, by remitting the same in her saving account, detail whereof is given in para-3 of the application, subject to verification by the Account Branch. Application stands disposed of.

CMP No. 11914 of 2020

For the reasons stated in the application, the same is allowed. Applicant/petitioner is exempted from filing legible/typed copies of the documents. Application stands disposed of.

(Sandeep Sharma) Judge

12th November, 2020 (reena)