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2025 DAILYLAW 74773 (PNJ)

RAJ KUMAR v. MOHD RIZWAN & ORS

FAO/4445/2013 · 2025-05-21

Nidhi Gupta

body2025

Judgment text

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FAO-4445 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 Raj Kumar Mohd. Rizwan and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) enhancement of compensation amount @ 7.5% per annum 23.11.2012 Ambala, in 19.07.2012 account of to present appeal was dismissed for non 20.05.2014 03.07.2014 Thereafter, the present appeal was listed for hearing 08 times i.e. on 12.12.2014 06.03.2019 and 26.08.2019 request of, appellant. 4445-2013 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of Decision: Raj Kumar Versus Mohd. Rizwan and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None. NIDHI GUPTA, J. (ORAL) The appellant-claimant has filed the instant enhancement of compensation amount of per annum awarded to him 23.11.2012, passed by the learned Motor Accident Claims Tribunal, , in Claim Petition No.135/MAC 19.07.2012 filed under Sections 166 of the Motor Vehicles Act, 1988 account of total loss of Vehicle Trax Cruisar. The present appeal is of the year 2013. Perusal of the order-sheets reveals that previously, the present appeal was dismissed for non- 20.05.2014; whereafter the same was restored vide order dated 03.07.2014; and notice of motion was also issued on the same date. Thereafter, the present appeal was listed for hearing 08 times i.e. on 12.12.2014, 23.07.2015, 30.08.2016, 17.11.2017, 19.04.2018, 25.10.2018, 2019 and 26.08.2019 when the same was of, or on account of non-appearance of learned counsel for the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4445-2013 (O&M) Date of Decision: 21.05.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA filed the instant appeal seeking ₹3,67,597/- along with interest vide impugned Award dated , passed by the learned Motor Accident Claims Tribunal, MACT of 2011 dated 03.03.2011/ of the Motor Vehicles Act, 1988, on tal loss of Vehicle Trax Cruisar. The present appeal is of the year 2013. sheets reveals that previously, the -prosecution vide order dated the same was restored vide order dated and notice of motion was also issued on the same date. Thereafter, the present appeal was listed for hearing 08 times i.e. on 23.07.2015, 30.08.2016, 17.11.2017, 19.04.2018, 25.10.2018, the same was adjourned, either at appearance of learned counsel for the seeking along with interest vide impugned Award dated , passed by the learned Motor Accident Claims Tribunal, , on sheets reveals that previously, the prosecution vide order dated the same was restored vide order dated Thereafter, the present appeal was listed for hearing 08 times i.e. on 23.07.2015, 30.08.2016, 17.11.2017, 19.04.2018, 25.10.2018, either at appearance of learned counsel for the RISHU KATARIA 2025.05.22 17:50 I attest to the accuracy and authenticity of this order/judgment. FAO-4445 appellant, despite the case having been called twice. has 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 t interest of justice. On the other hand, the appellant ha casual and careless approach. It is clear that neither the appellant nor counsel is Court is left with no other option except to prosecution. 21.05.2025 rishu 4445-2013 (O&M) -2- Today again, none has put in appearance on behalf of the appellant, despite the case having been called twice. 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 t interest of justice. On the other hand, the appellant ha casual and careless approach. It is clear that neither the appellant nor seriously interested in pursuing the present matter. Thus, this ourt is left with no other option except to prosecution. Ordered accordingly. Pending application(s), if any, shall stands disposed of. .05.2025 Whether speaking/reasoned Whether Reportable Today again, none has put in appearance on behalf of the appellant, despite the case having been called twice. A bare reading of the above facts shows that the appellant exhibited an utterly casual attitude in his 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 appellant in the interest of justice. On the other hand, the appellant has adopted an utterly casual and careless approach. It is clear that neither the appellant nor his seriously interested in pursuing the present matter. Thus, this ourt is left with no other option except to dismiss the same for non- Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No Today again, none has put in appearance on behalf of the A bare reading of the above facts shows that the appellant pursuit of the present litigation. It is to be appreciated that very valuable public time of the o the appellant in the adopted an utterly seriously interested in pursuing the present matter. Thus, this RISHU KATARIA 2025.05.22 17:50 I attest to the accuracy and authenticity of this order/judgment.