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High Court of Punjab and HaryanaFAO/4115/2010dismissed

Sahjahan And ORS. v. Devender And ORS.

2026-05-13Ms. Justice Nidhi Gupta3 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of order: 13.05.2026 Sahjahan and Ors.

....Appellants

Versus

Devender and Ors.

....Respondents BEFORE: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None for the appellants.

Mr. Vipul Sharma, Advocate for Mr. Subhash Goyal, Advocate for respondent No.4. *** Nidhi Gupta, J. (Oral) IOIN-2-FAO-4115-2010 The present IOIN has been filed for completion of service upon the respondents No.1 & 3.

On the last date of hearing i.e. 07.07.2025, learned counsel for the appellants was directed to furnish the fresh/correct addresses of respondents No.1 & 3 within two weeks in the Registry so that service may be effected upon them.

As per office report, despite informing learned counsel for the appellants vide this Court's letters No.653 dated 06.02.2026 and 2076 dated 08.04.2026 about the same, no steps have been taken by the learned counsel for the appellant till date.

-2Today, the main case has been taken up on board for hearing. Accordingly, IOIN stands disposed of.

Main Case 1.

By way of filing the present appeal, the appellants/claimants seek enhancement of compensation awarded to them vide impugned Award dated 23.01.2020 passed by the learned Motor Accident Claims Tribune, Faridabad, in a claim petition bearing MACT No.215 of 25.05.2009 filed under Section 166 of the Motor Vehicles Act 1988.

2.

The matter pertains to the year 2010 and notice in the case was issued on 11.02.2011. However, service could not be effected upon respondents No.2 & 3 for want of correct address. Today, when the case was taken up for hearing, none has put in appearance on behalf of the appellants. 3.

Office report shows that learned counsel for the petitioner was informed vide this Court's letter No.653 and 2076 dated 06.02.2026 and 08.04.2026 with a request to supply fresh/correct addresses of the respondents No.1 & 3 within two weeks in the said case, but learned counsel has not taken any steps till date.

4.

A bare reading of the above facts shows that the appellants have exhibited an utterly casual attitude in their pursuit of the present litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellants in the interest of justice. On the other hand, the appellants have adopted an utterly casual and careless approach. It is

-3clear that neither the appellants nor their counsel are seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to dismiss the same for non-prosecution.

5.

Ordered accordingly.

6.

Pending application(s), if any, shall also stand disposed of. 13.05.2026 ( NIDHI GUPTA ) amit JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No