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High Court of Punjab and Haryana · body

2010 DAILYLAW 3656 (PNJ)

M/S RAVI DASS TRANSPORT CO. AND ANR. v. SUMAN AND ORS.

FAO/2826/2010 · 2026-07-08

Vikas Suri

body2010

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 116 FAO-2826-2010 (O&M) Date of Decision: 08.07.2026 M/s Ravi Dass Transport Company and another ...Appellants Versus Suman and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr.Ramneek Vasudeva , Advocate, for the appellants. Mr. Rajneesh Malhotra, Advocate and Ms. Manvi Verma, Advocate, for applicant/respondent No.5. ***** VIKAS SURI, J. (Oral) CM-12736-CII-2026 This is an application under Section 151 CPC for preponement of the date of hearing from 26.08.2026 to an early date. For the reasons set out in the application, supported by affidavit, the same is allowed. Accordingly, hearing of the main case is advanced from 26.08.2026 to today, and with the consent of learned counsel for the parties, the same is taken on board. CM stands disposed of. CM-12737-CII-2026 This is an application for disposing of the appeal in terms of the arrangement arrived at between the appellants/owner-driver and the insurance company-respondent No.5. Learned counsel for the applicant states that in principle, the HARISH KUMAR 2026.07.10 09:33 I attest to the accuracy and authenticity of this order/judgment FAO-2826-2010 (O&M) (2) insurance company has taken a decision to relinquish its right to effect recovery from the appellants by enforcing the recovery rights granted to it, vide award dated 15.03.2010 passed by the learned Motor Accidents Claims Tribunal, Ropar. Notice of the application. Mr. Ramneek Vasudeva, Advocate, accepts notice on behalf of the non-applicant/appellants and raises no objection to the prayer made in the application being granted. In view of the above, the present application is allowed. FAO-2826-2010 Learned counsel for the appellants states that, in the light of the fact that the recovery rights have been waived by the insurance company, he seeks withdrawal of the present appeal as the same does not remain enforceable in law. Dismissed as withdrawn with the aforesaid observations. The appellants shall be entitled to a refund of the statutory amount deposited at the time of institution of the present appeal, in terms of proviso to Section 173 of the Motor Vehicles Act, 1988. Liberty is granted to the appellants to move an appropriate application before the forum/Tribunal concerned. ( VIKAS SURI ) July 08, 2026 JUDGE harish Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2026.07.10 09:33 I attest to the accuracy and authenticity of this order/judgment