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High Court of Punjab and HaryanaFAO/244/2010dismissed

Manish v. Rajasthan Transport Roadwas Trp. Corp.& ORS.

2025-02-03Mrs. Justice Archana Puri2 pages

FAO-244-2010

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.123 FAO-244-2010 Date of Decision: 03.02.2025 MANISH ....Appellant

Versus

   

 

 

   .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ashish Gupta, Advocate for the appellant.

Mr. Radhey Shyam Sharma, Advocate for respondent No.1.

Mr. Sourabh Sheoran, Advocate for Mr. Punit Verma, Advocate for respondent No.2.

***** ARCHANA PURI, J. (Oral) The appeal in hand, has been filed by the appellant-Manish, to assail the judgment of dismissal of the claim petition, dated 01.05.2009, passed by learned Motor Accident Claims Tribunal. The claim petition was dismissed, vide the impugned judgment dated 01.05.2009. Being aggrieved, the appellant-Manish, had filed the appeal in hand. From Annexure R-1, it is evident that Manish, who is the appellant in the present appeal, at the time of filing of the claim petition before learned Motor Accident Claims Tribunal, Gurgaon, had filed the claim petition qua the injuries sustained by him in the same accident, which took place on 18.04.2005, at Alwar. A copy of the petition is Ex.R-1. Sonu 2025.02.03 15:31 I attest to the accuracy and authenticity of this document P&HHC

FAO-244-2010 Perusal of the same reveals that it was filed on 25.08.2005, whereas the claim petition was filed before the Motor Accident Claims Tribunal, Gurgaon, on 02.05.2006, meaning thereby, the claim petition arising from the same accident was already filed by the appellant-Manish, in the Courts at Alwar and the same was pending, prior to filing of the claim petition at Gurgaon. Copy of the zimini orders Ex.R-2, reveals that the claim petition before the Alwar Courts, remained pending till 29.03.2006. Thus, considering the fact of two petitions pursued by the appellant, simultaneously, qua the injuries sustained in one and the same accident, he has not come to the Court with clean hands. As such, looking at the conduct of the appellant, the FAO is hereby dismissed. (ARCHANA PURI) 03.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.02.03 15:31 I attest to the accuracy and authenticity of this document P&HHC