IOIN-FAO FAO-4690 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 241 Ram Phal Naveen and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) for completion of service inception of the appeal, appellant. As such, the main appeal is taken up for hearing today itself. against the dism dated 03.01.2013/04.02.2013 Motor Vehicles Act, 1988, Tribunal, Yamuna Nagar at 01.07.2015 to establish the rash and negligent driving of the offending vehicle by respondent No. 1 FAO-4690-2016 in/and 4690-2016 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IOIN FAO Date of Decision: Versus Naveen and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None. NIDHI GUPTA, J. (ORAL) The present appeal has been listed under the for completion of service. However, order inception of the appeal, there has been no representation on behalf of the As such, the main appeal is taken up for hearing today itself. The present appeal has been filed by the against the dismissal of his claim petition bearing MACT No. 03.01.2013/04.02.2013, filed under Section Motor Vehicles Act, 1988, by the learned , Yamuna Nagar at Karnal, vide impugned Award dated 01.07.2015, taking into account the fact that the claimant has been unable to establish the rash and negligent driving of the offending vehicle by respondent No. 1 in the following manner:- “….Hence, in view of the above, the only conclusion under issue no. 1 is that the claimant has not been able to establish rash and negligence of respondent no. 1 Naveen, while driving tractor trollery bearing registration No. HR05Z-8393 on 16.3.2012, and causing accident by striking that vehicle, against the motor cyc thereby resulting injuries to claimant Ram Phal. Issue No. 1 is thus, answered against the claimant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IOIN-FAO-4690-2016 in/and FAO-4690-2016 (O&M) Date of Decision: 23.07.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA The present appeal has been listed under the IOIN Category order-sheet shows that since no representation on behalf of the As such, the main appeal is taken up for hearing today itself. The present appeal has been filed by the injured-claimant issal of his claim petition bearing MACT No. 98/2013 , filed under Sections 166 and 140 of the learned Motor Accident Claims vide impugned Award dated , taking into account the fact that the claimant has been unable to establish the rash and negligent driving of the offending vehicle by - “….Hence, in view of the above, the only irresistible no. 1 is that the claimant has not been able to establish rash and negligence of respondent no. 1- Naveen, while driving tractor trollery bearing registration 8393 on 16.3.2012, and causing accident by striking that vehicle, against the motor cycle of the claimant, thereby resulting injuries to claimant Ram Phal. Issue No. 1 is thus, answered against the claimant”. sheet shows that since no representation on behalf of the claimant 98/2013 of the Motor Accident Claims vide impugned Award dated , taking into account the fact that the claimant has been unable to establish the rash and negligent driving of the offending vehicle by resistible no. 1 is that the claimant has not been Naveen, while driving tractor trollery bearing registration 8393 on 16.3.2012, and causing accident by le of the claimant, thereby resulting injuries to claimant Ram Phal. Issue No. 1 RISHU KATARIA 2025.07.31 19:45 I attest to the accuracy and authenticity of this order/judgment. IOIN-FAO FAO-4690 co-ordinate Bench of this under:- Category for which date none had put in appearance Registry was directed to inform learned counsel for the appellant about the date fixed i.e. 12.05.2023 again, there appellant ; corrective steps to serve respondent No. 3 by providing correct/latest address; and Registry was also directed to again inform learned counsel for the appellant. received as per which dated 18.06.2024, learned counsel for the appellant was requested supply the correct address of respondent No. 3, but till date needful has not be FAO-4690-2016 in/and 4690-2016 (O&M) -2- The matter pertains to the year ordinate Bench of this vide order dated 25.07.2018, which reads as “CM-16018-CII-2016 This application has been filed under Section 5 of the Limitation Act for the condonation of delay of 148 days in filing the appeal. For the reasons recorded, the application is allowed and the delay of 148 days is condoned sub condition that in the event of enhancement the applicant appellant would not be entitled to any interest for the period of delay. FAO-4690-2016 Admitted. Since the claim petition was dismissed, Registry is directed to list this case for summer vacation in the year 2019 after completion of service.” Thereafter, the matter has been listed under the for completion of service for the first time on 13.04.2023, on which date none had put in appearance Registry was directed to inform learned counsel for the appellant about the date fixed, so as to ensure representation. On the next date of hearing i.e. 12.05.2023 again, there was no representation on behalf of the ;and learned counsel for the appellant was directed to take corrective steps to serve respondent No. 3 by providing correct/latest and Registry was also directed to again inform learned counsel for the appellant. Pursuant thereto, office report dated 09.04.2025 has been received as per which vide e-mail dated 17.05.2023 and letter No. 8699 dated 18.06.2024, learned counsel for the appellant was requested supply the correct address of respondent No. 3, but till date needful has not be the year 2016 and was admitted by a vide order dated 25.07.2018, which reads as This application has been filed under Section 5 of the Limitation Act for the condonation of delay of 148 days in For the reasons recorded, the application is allowed and the delay of 148 days is condoned subject to the condition that in the event of enhancement the applicant- appellant would not be entitled to any interest for the period Since the claim petition was dismissed, Registry is directed to list this case for hearing in the opening of summer vacation in the year 2019 after completion of Thereafter, the matter has been listed under the IOIN the first time on 13.04.2023, on which date none had put in appearance on behalf the appellant and Registry was directed to inform learned counsel for the appellant about so as to ensure representation. On the next date of hearing no representation on behalf of the nd learned counsel for the appellant was directed to take corrective steps to serve respondent No. 3 by providing correct/latest and Registry was also directed to again inform learned counsel ffice report dated 09.04.2025 has been mail dated 17.05.2023 and letter No. 8699 dated 18.06.2024, learned counsel for the appellant was requested supply the correct address of respondent No. 3, but till date needful has not been 16 and was admitted by a vide order dated 25.07.2018, which reads as This application has been filed under Section 5 of the Limitation Act for the condonation of delay of 148 days in For the reasons recorded, the application is allowed ject to the appellant would not be entitled to any interest for the period Since the claim petition was dismissed, Registry is hearing in the opening of summer vacation in the year 2019 after completion of IOIN the first time on 13.04.2023, on on behalf the appellant and Registry was directed to inform learned counsel for the appellant about so as to ensure representation. On the next date of hearing no representation on behalf of the nd learned counsel for the appellant was directed to take corrective steps to serve respondent No. 3 by providing correct/latest and Registry was also directed to again inform learned counsel ffice report dated 09.04.2025 has been mail dated 17.05.2023 and letter No. 8699 dated 18.06.2024, learned counsel for the appellant was requested supply en RISHU KATARIA 2025.07.31 19:45 I attest to the accuracy and authenticity of this order/judgment. IOIN-FAO FAO-4690 done by learned counsel for the appellant. Further, office report dated 21.07.2025 reveals that learned counsel for the appellant has been duly informed about the date fixed has put in appearance on behalf of the filing of the instant appeal on 12.05.2016, the appellant had gone un-represented even at the dated 25.07.2018, rep utterly casual attitude in appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interes other hand, the approach. It is clear that neither the appellant nor interested in pursuing the present matter. Thus, dismissed. stand disposed of. 23.07.2025 rishu FAO-4690-2016 in/and 4690-2016 (O&M) -3- done by learned counsel for the appellant. Further, office report dated 21.07.2025 reveals that learned counsel for the appellant has been duly informed about the date fixed for today through e has put in appearance on behalf of the appellant. From the above facts it is clear that right since the inception/ filing of the instant appeal on 12.05.2016, the appellant had gone represented even at the time of admission of present appeal vide order dated 25.07.2018, reproduced above. T 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 interes other hand, the appellant has adopted an utterly casual and careless approach. It is clear that neither the appellant nor interested in pursuing the present matter. Thus, . IOIN as well as pending application(s), if any, shall also stand disposed of. .07.2025 Whether speaking/reasoned Whether Reportable done by learned counsel for the appellant. Further, office report dated 21.07.2025 reveals that learned counsel for the appellant has been duly through e-mail. However, none appellant. it is clear that right since the inception/ filing of the instant appeal on 12.05.2016, the appellant had gone admission of present appeal vide order roduced above. The appellant has exhibited an 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 adopted an utterly casual and careless approach. It is clear that neither the appellant nor his counsel is seriously interested in pursuing the present matter. Thus, the present appeal is ending application(s), if any, shall also ( NIDHI GUPTA ) JUDGE Yes/No Yes/No done by learned counsel for the appellant. Further, office report dated 21.07.2025 reveals that learned counsel for the appellant has been duly mail. However, none filing of the instant appeal on 12.05.2016, the appellant had gone admission of present appeal vide order exhibited an pursuit of the present litigation. It is to be appreciated that very valuable public time of the Court has been expended t of justice. On the adopted an utterly casual and careless seriously the present appeal is RISHU KATARIA 2025.07.31 19:45 I attest to the accuracy and authenticity of this order/judgment.