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2025 DAILYLAW 14034 (PNJ)

PREM LAL AND ANR v. NARESH KUMAR @ RESHU AND OTHERS

FAO/3923/2019 · 2025-04-29

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

FAO-3923 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 236 Prem Lal and another Naresh Kumar @ CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. of compensation amount Award dated 07.01.2013, passed by the learned Motor Accident Claims Tribunal, Hoshisarpur, in MACT Case No. 129 dated 14 17.07.2012 filed under Section 166 of the Motor Vehicles Act, 1988. the year 2019 (CM-13269 condonation of delay of 1908 days in filing the instant appeal on 02.09.2022. On the last date of hearing i.e. 09.01.2024 also, the appellants have gone un learned counsel for the appellants about the date fixed. appellants have been duly informed about the date fixed. 3923-2019 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of Decision: Prem Lal and another Versus Naresh Kumar @ Reshu and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellants. Mr. Maninder Arora, Advocate for respondent No. 2. Mr. Amit Kundra, Advocate for respondent No. 3-Insurance Company. NIDHI GUPTA, J. (ORAL) The appellant-claimants are in appeal of compensation amount of ₹1,30,000/- awarded to them vide impugned Award dated 07.01.2013, passed by the learned Motor Accident Claims Tribunal, Hoshisarpur, in MACT Case No. 129 dated 14 17.07.2012 filed under Section 166 of the Motor Vehicles Act, 1988. Perusal of the order-sheet(s) shows that t 2019 and notice in the main appeal as well as 13269-CII-2019) filed under Section 5 of the Limitation for condonation of delay of 1908 days in filing the instant appeal n 02.09.2022. On the last date of hearing i.e. 09.01.2024 also, the appellants have gone un-represented and Registry was directed to inform ounsel for the appellants about the date fixed. As per office report dated 10.03.2024 appellants have been duly informed about the date fixed. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3923-2019 (O&M) Date of Decision: 29.04.2025 .… Appellants .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Maninder Arora, Advocate for respondent No. 2. Insurance Company. claimants are in appeal seeking enhancement awarded to them vide impugned Award dated 07.01.2013, passed by the learned Motor Accident Claims Tribunal, Hoshisarpur, in MACT Case No. 129 dated 14.04.2011/ 17.07.2012 filed under Section 166 of the Motor Vehicles Act, 1988. sheet(s) shows that the matter pertains to in the main appeal as well as in the application Section 5 of the Limitation for condonation of delay of 1908 days in filing the instant appeal was issued n 02.09.2022. On the last date of hearing i.e. 09.01.2024 also, the represented and Registry was directed to inform ounsel for the appellants about the date fixed. dated 10.03.2024, learned counsel for the appellants have been duly informed about the date fixed. enhancement awarded to them vide impugned Award dated 07.01.2013, passed by the learned Motor Accident Claims he matter pertains to in the application Section 5 of the Limitation for was issued n 02.09.2022. On the last date of hearing i.e. 09.01.2024 also, the represented and Registry was directed to inform , learned counsel for the RISHU KATARIA 2025.05.02 18:15 I attest to the accuracy and authenticity of this order/judgment. FAO-3923 appellants, despite the ca inordinate and un appeal. have exhibited an utterly casual attitude in litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant the interest of justice. On the other hand, the appellant utterly casual and careless approach. It is clear that neither the appellant nor their counsel Thus, this Court is left with no other option except to non-prosecution. 29.04.2025 rishu 3923-2019 (O&M) -2- Today, again none has put in appearance on behalf of the appellants, despite the case having been called twice. inordinate and un-explained delay of 1908 days in filing the present A bare reading of the above facts shows that the appellant exhibited an utterly casual attitude in litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant the interest of justice. On the other hand, the appellant sual and careless approach. It is clear that neither the appellant counsel are seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to prosecution. Ordered accordingly. Pending application(s), if any, shall stands disposed of. .04.2025 Whether speaking/reasoned Whether Reportable none has put in appearance on behalf of the se having been called twice. Moreover, there is explained delay of 1908 days in filing the present A bare reading of the above facts shows that the appellants exhibited an utterly casual attitude in their pursuit of the present litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellants in the interest of justice. On the other hand, the appellants have adopted an sual and careless approach. It is clear that neither the appellants seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to dismiss the same for Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No none has put in appearance on behalf of the Moreover, there is explained delay of 1908 days in filing the present pursuit of the present litigation. It is to be appreciated that very valuable public time of the in adopted an seriously interested in pursuing the present matter. the same for RISHU KATARIA 2025.05.02 18:15 I attest to the accuracy and authenticity of this order/judgment.