Sat Pal v. Rettu Road Lines P. Ltd.And ORS.

FAO-1048-2005 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-1048-2005 Decided on : 02.08.2024 Sat Pal . . . Appellant(s)

Versus

Reetu Road Lines (P) Ltd. and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: None for the appellant(s)).

Mr. Ajay Kumar, Advocate for Mr. Vinod Chaudhri, Advocate for respondent No.2.

Mr. R.C. Gupta, Advocate for respondent No.4 - NIC.

**** SANJAY VASHISTH , J. (Oral) 1.

Present appeal has been filed by the appellants against the award dated 24.12.2004, passed by Motor Accident Claims Tribunal, Rohtak, in MACT Petition No.10 of 2003, whereby in an injury case, the claim petition had been dismissed.

2.

Learned counsel for respondent No.4 - Insurance Company, points out that the factum of death of the sole appellant - Sat Pal, has already been recorded by the Coordinate Bench, in the order dated 29.02.2024. However, till date no one has moved any application for impleadment as legal representatives of the deceased - appellant. 3.

In this situation, this Court is left with no other option, except to dismiss the present appeal, as the same being not prosecuted. 4.

Accordingly, present appeal stands dismissed for nonJAWALA RAM 2024.08.02 18:01 I attest to the accuracy and authenticity of this document

FAO-1048-2005 - 2 - prosecution.

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 appellants mentioned in the appeal. (SANJAY VASHISTH) JUDGE August 02, 2024 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2024.08.02 18:01 I attest to the accuracy and authenticity of this document