Dhanno Devi And ORS v. Babu Ram And ORS
FAO-6293-2015 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-6293-2015 (O&M) Date of decision: 16.05.2018 Dhanno Devi and others ..... Appellants
Versus
Babu Ram and others ..... Respondents
CORAM:
HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: None for the appellants.
Mr. Upender Prasher, Advocate for Mr. Saurabh Garg, Advocate for respondents No. 1 and 2. Ms. Vandana Malhotra, Advocate for respondent No. 3-Insurance Company.
RAMENDRA JAIN, J. (ORAL) Even on the second call, the appellants have gone un-represented. None had appeared for the appellants, on the last date of hearing also.
On the previous date, it was pointed out by learned counsel for respondent No. 3-Insurance Company that in the claim petition filed by the appellants under Section 163-A of the Motor Vehicles Act, 1988, (for short-'the Act'), they have already been awarded compensation in excess then their entitlement by the Tribunal, vide consolidated impugned Award dated 13.11.2014. Therefore, the same is liable to be reduced. Despite the above fact, in the interest of justice, the instant appeal was adjourned for today, but since none has again appeared on behalf of the appellants even on the second call, therefore, it can safely be presumed that the appellants or Rishu Kataria 2018.05.18 17:17 I attest to the accuracy and authenticity of this document
FAO-6293-2015 (O&M) -2their counsel are intentionally not coming forward to pursue this appeal deliberately, knowing well that their appeal, being not maintainable, is liable to be dismissed, inasmuch as, they have already been granted excess compensation against the provisions of Section 163-A of the Act. The above contention of learned counsel for respondent No. 3Insurance Company, remained un-controverted. Therefore, the instant appeal is dismissed being not maintainable and for want of prosecution as well.
May 16, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.05.18 17:17 I attest to the accuracy and authenticity of this document