Himachal Pradesh High Court
United India Insurance Co. vs . Leela Wati & on 6 June, 2025
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
United India Insurance Co. Vs. Leela Wati &
Ors. a/w connected matter.
FAO No.145 of 2013
06.06.2025 Present: Mr. Ishan Sharma, Advocate, for the appellant.
Mr. N.K. Thakur, Senior Advocate, with Ms.
Priyanka Chandel, Advocate, for the
respondents/claimants.
CMP No. 11315 of 2025 in FAO No.145 of 2013
This application has been filed for substitution of
the applicants in place of (deceased) respondents No.1 and
2 through their heirs mentioned in Para No.4 of the
application, namely Omkar (son), Meena (daughter) and
Mamta (daughter).
To substantiate the plea that the persons
mentioned in Para No.4 of the application are legal heirs of
deceased Leela Wati and Banwarli Lal copy of Legal Heirs
Certificate of deceased Banwari Lal issued by the Deputy
District Magistrate Shahbad Janpad Rampur and copy of
certificate certifying death of Leela Wati issued by the
Pradhan Panchayat singed by other officials and office
bearers of Panchayat and BDC Members have been placed
on record. The proposed respondent are in consonance with
the detail of legal heirs mentioned in Legal Heirs Certificate
of deceased Banwarilal Lal.
No objection has been communicated for allowing
the application.
For material placed on record Omkar, Mamta and
Meena mentioned in Para No.4 of the application are
permitted to be substituted, in place of (deceased)
respondent No.1 and 2.
The present application stands disposed of, in the
aforesaid terms.
CMP No. 11316 of 2025 in FAO No.145 of 2013
This application has been filed for releasing of
amount of compensation awarded in favour of respondents
No.1 and 2. Respondents No.1 and 2 are survived by three
legal heirs, namely Omkar, Mamta and Meena. This
application has been filed on behalf of only two children, i.e.
Omkar and Meena.
The main appeal stands decided on 28.03.2024.
No objection has been communicated for release
of amount of compensation as per entitlement.
All three children of deceased respondents No.1
and 2 are entitled for 1/3rd share each out of the total
amount of compensation awarded in favour of both
claimants who were their parents.
Accordingly, the application is allowed and amount
falling in the share of Omkar and Meena is directed to be
released in their favour as per their respective share,
alongwith up-to-date proportionate interest, by remitting the
same in their respective bank accounts mentioned in Para
No.5 of the application. Photo copy of blank cheque of
Omkar and copy of front page of passbook of Meena have
been placed on record.
The present application stands disposed of, in the
aforesaid terms.
CMP No. 11317 of 2025 in FAO No.145 of 2013
The present application is allowed in terms of
prayer and stands disposed of accordingly.
(Vivek Singh Thakur)
Judge
June 06, 2025
(Shamsh Tabrez)
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