Naresh And ORS. v. Ram Mehar And ORS.

DAILY LOK ADALAT BENCH NO.3 FAO-3571-2001 NARESH AND ORS. V/S RAM MEHAR AND ORS.

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Present:

Mr. Shiv Charan Bhala, Advocate appointed by the Legal Aid Authority.

* * * * Ran Singh aged about 65 years died in a motor accident. Naresh, Dharampal and Rajbir, sons of the deceased filed a claim petition. The learned Tribunal, noticing that all the three sons are major and earning independently, awarded a sum of Rs.50,000/- with interest at the rate of 12%. Hence, this appeal at the instance of the claimants. This appeal was filed in the year, 2000 by Mr. Kapil Kumar, Advocate. The particulars of the said counsel are not available either in bar directory or otherwise. He could not be served. The office sent a notice to the appellants, which was received back unserved with the report 'incorrect address.' In the circumstances, the Legal Aid Authority appointed Mr. Shiv Charan Bhala, Advocate as a Counsel to represent the appellants. He also tried to contact the appellants, but he could not contact them.

In the absence of the appellants, Counsel appointed by the Legal Aid Authority cannot settle the claim. In the absence of the appellants, no useful purpose would be served to keep this appeal alive, which is pending for the last more than 17 years. In the circumstances, the appeal is ordered to be consigned to record with liberty to the appellants to get it revived, if need be.

(G.C. GARG) PRESIDENT (N.K. KAPOOR) MEMBER August 10, 2017 Naina Rajput