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2025 DAILYLAW 75301 (PNJ)

KASHMIR KAUR v. SWARAN SINGH AND ORS

FAO/4499/2014 · 2025-04-30

Nidhi Gupta

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Judgment text

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FAO-4499 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210 Smt. Kashmir Kaur Swaran Singh CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) enhancement impugned Award dated Claims Tribunal, filed under Section 166 of the Motor Vehicles Act, 1988. the same was issued way back on 26.05.2015. of hearing i.e. 18.05.2018, 24.02.2023 and 12.05.2025 gone un-rep notice to the appellant as well as for the appellant has been duly informed about the da none has put in appearance on her behalf. Further, notice issued to the appellant has been received back unserved for want of complete address. 4499-2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of Decision: Smt. Kashmir Kaur Versus Swaran Singh and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellant. Mr. Amit Jaiswal, Advocate for respondent No. 3. NIDHI GUPTA, J. (ORAL) The appellant-claimant has filed the instant enhancement of compensation amount of ₹ impugned Award dated 12.09.2013, passed by the learned Motor Accident Claims Tribunal, Amritsar, in MACT Case No. filed under Section 166 of the Motor Vehicles Act, 1988. The matter pertains to the year the same was issued way back on 26.05.2015. Perusal of the order-sheet(s) reveals that for the last 03 dates of hearing i.e. 18.05.2018, 24.02.2023 and 12.05.2025 represented. Accordingly, on the last date of hearing 12.05.20 notice to the appellant as well as to her counsel was ordered to be issued. Pursuant thereto, office report indicates that learned counsel for the appellant has been duly informed about the da none has put in appearance on her behalf. Further, notice issued to the appellant has been received back unserved for want of complete address. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4499-2014 (O&M) Date of Decision: 30.04.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Amit Jaiswal, Advocate for respondent No. 3. has filed the instant appeal seeking ₹6,60,000/- awarded to her vide , passed by the learned Motor Accident , in MACT Case No. 3606 dated 05.03.2012 filed under Section 166 of the Motor Vehicles Act, 1988. The matter pertains to the year 2014 and notice of motion in the same was issued way back on 26.05.2015. sheet(s) reveals that for the last 03 dates of hearing i.e. 18.05.2018, 24.02.2023 and 12.05.2025, the appellant had resented. Accordingly, on the last date of hearing 12.05.2025 her counsel was ordered to be issued. Pursuant thereto, office report indicates that learned counsel for the appellant has been duly informed about the date fixed, however, none has put in appearance on her behalf. Further, notice issued to the appellant has been received back unserved for want of complete address. seeking vide , passed by the learned Motor Accident 14 and notice of motion in sheet(s) reveals that for the last 03 dates , the appellant had 25 Pursuant thereto, office report indicates that learned counsel te fixed, however, none has put in appearance on her behalf. Further, notice issued to the RISHU KATARIA 2025.05.02 18:19 I attest to the accuracy and authenticity of this order/judgment. FAO-4499 appellant would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than 11 no attempt has been made by new counsel. instant appeal is appellant, months from toda 30.04.2025 rishu 4499-2014 (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 second appeal before this Court for a period of 11 years, the appellant has lost interest in pursuing the same, as no attempt has been made by her to contact new counsel. Be that as it may, in view of the foregoing circumstances, the instant appeal is dismissed for non-prosecution appellant, to move an appropriate application within a period of 0 months from today for reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. .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 second appeal before this Court for a period of lost interest in pursuing the same, as to contact her counsel or to engage a Be that as it may, in view of the foregoing circumstances, the prosecution, with liberty to the to move an appropriate application within a period of 03 y for reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of lost interest in pursuing the same, as counsel or to engage a Be that as it may, in view of the foregoing circumstances, the with liberty to the RISHU KATARIA 2025.05.02 18:19 I attest to the accuracy and authenticity of this order/judgment.