Sunila Gupta & ORS. v. Balbir Singh & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 167/2009 SUNILA GUPTA & ORS.

..... Appellants Through:

Nemo.

Versus

BALBIR SINGH & ORS.

..... Respondents Through:

Mr. Manoj R. Sinha, Advocate for Insurer.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 01.03.2017 In this appeal, enhancement of compensation is sought. On the last three dates of hearing, there is no appearance on behalf of appellant. Learned counsel for respondent-Insurer had undertaken to inform appellant's counsel about pendency of this appeal. Proof of written intimation given to appellant's counsel has been placed on record by learned counsel for respondent-Insurer.

Even today none has appeared on behalf of appellant. In such a situation, there is no option except to dismiss this appeal in default and for non-prosecution. It is made clear that in the event of restoration of this appeal, the decision in the other appeal [MAC APP. 4/2009] will have no bearing on this appeal as this appeal is confined to quantum of compensation granted and in appeal MAC APP. 4/2009, quantum of compensation granted was not under challenge.

MAC.APP. 167/2009 Page-1

With aforesaid observations, this appeal is dismissed in default. SUNIL GAUR, J MARCH 01, 2017 ac MAC.APP. 167/2009 Page-2