FAO-5330 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 Sunil Kumar Kavita Devi and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. photocopied 2. against the Accident Claims Tribunal 06.04.2007 Section 166 3. sheets reveals that case was listed for hearing appellants. Today, learned counsel appearing for the appellant submits that despite his best efforts he is unable to establish contact wi and has pleaded ‘no instructions’ in the matter. 5330-2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of Decision: Sunil Kumar Versus Kavita Devi and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Rajesh Jangra, Advocate for the appellant. Respondent No. 1 proceeded ex parte vide order dated 27.04.2010. NIDHI GUPTA, J. (ORAL) This is a partially burnt case and the record has been photocopied from the salvaged record. The injured-claimant/appellant has against the impugned Award dated 15.04.2008 Accident Claims Tribunal, Panipat, in MACT Case No. 06.04.2007, whereby the claim petition filed by the appellant 6 of the Motor Vehicles Act, 1988 The matter pertains to the year sheets reveals that and on the last date of hearing 10.02.2025 when this case was listed for hearing, none had put in appearance on behalf of the appellants. Today, learned counsel appearing for the appellant submits that despite his best efforts he is unable to establish contact wi pleaded ‘no instructions’ in the matter. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-5330-2009 (O&M) Date of Decision: 25.09.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Rajesh Jangra, Advocate for the appellant. ex parte This is a partially burnt case and the record has been claimant/appellant has filed the instant appeal 15.04.2008, passed by the Motor , in MACT Case No. 35 of 2007 dated whereby the claim petition filed by the appellant under of the Motor Vehicles Act, 1988, was dismissed. The matter pertains to the year 2009. Perusal of the order- the last date of hearing 10.02.2025 when this put in appearance on behalf of the appellants. Today, learned counsel appearing for the appellant submits that despite his best efforts he is unable to establish contact with his client pleaded ‘no instructions’ in the matter. This is a partially burnt case and the record has been the instant appeal Motor 35 of 2007 dated under the last date of hearing 10.02.2025 when this put in appearance on behalf of the appellants. Today, learned counsel appearing for the appellant submits RISHU KATARIA 2025.09.26 19:19 I attest to the accuracy and authenticity of this order/judgment. FAO-5330 4. appellant would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a per 16 years, the attempt has been made by counsel. 5. interfere with the findings returned by the learned Tribunal, as it is the categoric finding of the learned Tribunal in para No. 11 of the impugned Award that investigations, causing this accident. Police has filed a regular challan against the petitioner himself under sections 279/304 causing the death of Naresh Kumar in the said accident’. 6. meritless, is 7. 25.09.2025 rishu 5330-2009 (O&M) -2- In the aforesaid premise, issuance of fresh notice to would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a per years, the appellant has lost interest in pursuing the same, as no attempt has been made by him to contact his Even otherwise, on merits also interfere with the findings returned by the learned Tribunal, as it is the categoric finding of the learned Tribunal in para No. 11 of the impugned Award that ‘as per police challan (Ex. P investigations, the police has found the petitioner himself responsible for causing this accident. Police has filed a regular challan against the petitioner himself under sections 279/304 causing the death of Naresh Kumar in the said accident’. In view of the above noted facts, the present appeal, being meritless, is dismissed. Pending application(s), if any, shall also stand disposed of. .09.2025 Whether speaking/reasoned Whether Reportable In the aforesaid premise, issuance of fresh notice to the would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than lost interest in pursuing the same, as no his counsel or to engage a new on merits also no ground is made out to interfere with the findings returned by the learned Tribunal, as it is the categoric finding of the learned Tribunal in para No. 11 of the impugned as per police challan (Ex. P-2), after the detailed police has found the petitioner himself responsible for causing this accident. Police has filed a regular challan against the petitioner himself under sections 279/304-A of Indian Penal Code for causing the death of Naresh Kumar in the said accident’. In view of the above noted facts, the present appeal, being Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the would be a futile exercise. It appears that due to sheer long iod of more than lost interest in pursuing the same, as no counsel or to engage a new no ground is made out to interfere with the findings returned by the learned Tribunal, as it is the categoric finding of the learned Tribunal in para No. 11 of the impugned after the detailed police has found the petitioner himself responsible for causing this accident. Police has filed a regular challan against the A of Indian Penal Code for In view of the above noted facts, the present appeal, being RISHU KATARIA 2025.09.26 19:19 I attest to the accuracy and authenticity of this order/judgment.