Kailash (Through Lrs) v. Pushpendera Singh Naruka And Others

FAO-6233-2019 (O&M) -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-6233-2019 (O&M) Date of Decision: 28.08.2025 Kailash (through LRs) .... Appellant(s)

Versus

Pushpendera Singh Naruka and others .... Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Aakash Dalal, Advocate for the appellant. Service of respondents No. 1 and 2 already dispensed with vide order dated 30.10.2019.

Mr. Abhinav Singla, Advocate for respondent No.3. **** NIDHI GUPTA, J. (ORAL) CM-20855-CII-2019 Prayer in this application filed under Section 5 of the Limitation Act is for condonation of delay of 34 days in filing the accompanying appeal.

Heard.

For the reasons mentioned in the application which is supported by an affidavit of the applicant/appellant No.2, the same is allowed and delay of 34 days in filing the accompanying appeal is condoned.

FAO-6233-2019 (O&M) Present appeal has been filed by the injured-claimant and their LRs seeking enhancement of compensation of Rs.30,26,104/- DIVYANSHI 2025.08.29 18:28 I attest to the accuracy and integrity of this document

FAO-6233-2019 (O&M) -2 - awarded by the learned Motor Accident Claims Tribunal, Jhajjar (hereinafter "the learned Tribunal") vide Award dated 08.05.2019 passed in MACT Case No.187 dated 22.09.2017 filed under Sections 166 and 140 of the Motor Vehicles Act, (hereinafter "the Act"). The claim petition was filed by the injured-claimant himself as claimant No.1; his wife; 2 minor children; and his parents. In the accident dated 04.06.2017, claimant No.1 had suffered serious injuries, as a result of which, he was unconscious and was in state of coma. As per the disability certificate Ex.P240, claimant No.1 has suffered 100% permanent disability. Vide order dated 05.12.2022, learned counsel for the appellant has sought time to implead LRs of the deceased-claimant No.1 as he has since expired. Today, learned counsel for the appellant submits that he may be permitted to withdraw the present Appeal, as in the interregnum, the appellant has expired. A copy of death certificate of claimant No.1 handed over in Court today, is taken on record. Permitted to do so.

Dismissed as withdrawn.

Pending application(s), if any, stand(s) disposed of. 28.08.2025 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No DIVYANSHI 2025.08.29 18:28 I attest to the accuracy and integrity of this document