Oriental Insu v. Dehri Devi

OIC Ltd. Vs. Dehri Devi & ors. CMPs No.16561, 16562 & 16164 /2026 in FAO(MV) No.518/2002

27.07.2026 Present: Mr. Sanjeev Kuthiala, Senior Advocate with

Ms.Shabnam, Advocate, for the applicants/

respondents No.1 to 5 & 7 CMP No.16561 of 2026 The instant application under Order 32, Rule 12, read with Section 151 of CPC has been filed by applicants/ respondents No.2 to 5 & 7 for discharging their natural guardian/ mother Dehri Devi, i.e. respondent No.1, as they have attained the age of majority.

¶2Heard. Having regard to the averments made in the application, which is duly supported with affidavit of applicant No.2-Rajesh as well as taking into consideration the fact that the applicants/respondents No.2 to 5 & 7 have now attained the age of majority, as is evident from the copies of Matriculation certificates/birth certificate, annexed with the application as Annexures R-1 to R-5, the same is allowed and their natural guardian/mother Dehri Devi, i.e. respondent No.1, is ordered to be discharged from guardianship of respondents No.2 to 5 & 7 and they are permitted to pursue the case in their own capacity.

¶3CMP No.16562 of 2026

¶4The present application under Order 1, Rule 10, CPC has been filed by the applicants-respondents No.1 to 5 & 7 for deletion of name of respondent No.6-Raji Devi from the array of parties, who had expired on 17.10.2013 and her legal heirs are already on record as applicants/respondents No.1 to 5 and 7.

¶5Heard. Having regard to the averments made in the application, which is duly supported with the affidavit of applicant/respondent No.2-Rajesh as well as death certificate of respondent No.6-Raji Devi, the same is allowed and the name of respondent No.6-Raji Devi is ordered to be deleted from the array of the parties, subject to all just exceptions.

¶6CMP No.16564 of 2026

¶7The present application under Section 151 of CPC has been maintained by the applicants/respondents No.1 to 5 & 7 for release of the awarded amount of compensation alongwith up-to-date interest, falling in their respective shares as well as for release of the share of deceased Raji Devi (respondent No.6) in their favour being her legal heirs, which is lying deposited in the Registry of this Court. The application is duly supported with the affidavits of the applicants.

¶8As per the applicants, they are in dire need of money to meet out her day-to-day expenses. Therefore, it is prayed that the awarded amount of compensation alongwith up-to-date interest be released in their favour, as per their respective shares.

¶9Leraned counsel for the applicants/respondents No.1 to 5 & 7 stated that since the SLP filed before the Hon'ble Supreme Court has been dismissed on 25.09.2013, therefore, the award passed by the learned Tribunal below has attained finality.

¶10Heard. Having perused the averments made in the applications, which are duly supported with affidavits of the applicants, coupled with the fact that the award passed by the learned Tribunal below has attained finality, this Court finds it in the interest of justice to release the awarded amount of compensation alongwith up-to-date interest in favour of applicants/respondents No.1 to 5 & 7, as per their respective shares in the total awarded amount of compensation, as well as the share of deceased respondent No.6-Raji Devi, equally in their favour, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in para-9 of the application.

( Sushil Kukreja )

Judge July 27, 2026 (V.Himalvi)