(O&M) Sahab Singh vs Jiwan Kishore
2024 Latest Caselaw 13470 P&H

Punjab-Haryana High Court

(O&M) Sahab Singh vs Jiwan Kishore on 2 August, 2024

LAVISHA
2024.08.02 17:32
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

FAO-4710-2004
DECIDED ON: 02.08.2024

SAHABSINGH ee APPELLANT
VERSUS

JIWAN KISHORE AND ANOTHER t=... RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present: None for the appellant.

Mr. Sanjiv Pabh, Advocate, for respondent No.2.

SANJAY VASHISTH, J (QRAL)

1. Present appeal has been filed by the injured -- appellant namely Sahab Singh, against the award dated 29.05.2004, passed by learned Motor Accident Claims Tribunal, Ambala, in MACT case bearing No.60-MACT of 2004.

2. Claim petition filed under Section 166 read with Section 163-A of the Motor Vehicles Act, has been dismissed, by observing that the claimant failed to prove that he suffered injuries in the accident due to rash and negligent driving of motorcycle No.HY X-6484, being driven by its owner namely Jiwan Kishore (respondent No.1).

3, As per office note, counsel for the appellant Mr. Samir Rathaur, Advocate, has already been informed by the Registry. Still, no one is present on behalf of the appellant today before this Court.

4. Accordingly, present appeal stands dismissed in default.

authenticity of this order/judgment Punjab & Haryana High Court,

Chandigarh

5. However, in case, any substantive issue still exists along with cause of action, requiring its adjudication; liberty is granted to the appellant to move an appropriate application for seeking revival of the present appeal, within eight weeks from today.

6. It is clarified that if any such application is filed for seeking revival of the appeal by the appellant, an advance copy of the application would also be delivered to the opposite counsel i.e. respondent(s), and in case, appeal is revived for its disposal on merits, for no reason, except for the exceptional circumstances, hearing of the appeal would be deferred. Therefore, both the sides should remain present and ready for the purpose of addressing the final arguments.

7. Registry is directed to forward copy of the today's order at

the address of the appellant mentioned in the appeal.

(SANJAY VASHISTH) 02.08.2024 JUDGE

Lavisha

Whether speaking/reasoned _ Yes/No Whether reportable Yes/No

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