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High Court of Punjab and HaryanaFAO/4490/2022dismissed

National Insurance Company Limited v. Meena And ORS.

2025-09-12Ms. Justice Harpreet Kaur Jeewan3 pages

Sr. No.215

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 12th September 2025 NATIONAL INSURANCE COMPANY LIMITED ........Appellant versus MEENA AND OTHERS .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Vishawjit Bedi, Advocate for the appellant.

Respondents No.6 and 7 proceeded against ex parte vide order dated 02.12.2022.

HARPREET KAUR JEEWAN, J.

1.

The present appeal has been preferred by the appellant-National Insurance Company Limited, assailing the Award dated 06.08.2022, passed by the Motor Accident Claims Tribunal, Mohali (hereinafter referred to as 'the Tribunal'), whereby, an amount of Rs.17,27,700/-, along with an interest @ 8% per annum, has been awarded to respondents No.1 to 5/ claimants on account of death of Amarjit Singh in a motor-vehicle accident. 2.

Learned counsel for the appellant-Insurance Company submits that the age of deceased-Amarjit Singh has been wrongly determined as 39 years instead of 42 years and wrong multiplier has been applied by the Tribunal.

3.

I have considered the aforesaid submissions and perused the evidence on record.

4.

At the time of issuance of notice of motion vide order dated 17.10.2022, the execution of the Award amount, beyond Rs.14.5 lakhs, was stayed.

5.

As per the order dated 02.12.2022, correct address of respondents No.1 to 5 was ordered to be furnished, since the summons issued to respondents No.1 to 5 were received back unserved with the report that they were not residing at the given addresses. Similar order was passed on 23.02.2023 and 17.05.2023.

6.

Thereafter, as per the order dated 15.02.2025, learned counsel for the appellant-Insurance Company was again granted one week's time to furnish the correct addresses of respondents No.1 to 5 and following order was passed:- "On account of failure of appellant's counsel to furnish the correct address of respondents No. 1 to 5, notices could not be issued to them.

Learned counsel representing the appellant prays for another opportunity.

As a matter of last indulgence, the appellant is granted one week's time to furnish the correct address of respondents No. 1 to 5, failing which, the appeal filed by the Insurance Company, which is pending for the last 03 years, shall be deemed to have been dismissed for non-prosecution without further reference to the Court.

However, if the correct address of respondents No. 1 to 5 is furnished within the aforesaid period, the office will issue notice for 15.05.2025."

7.

The office report indicates that instead of giving correct/fresh address of respondents No.1 to 5, the Registry was given the old address.

8.

In view of the aforesaid office report, the order dated 15.02.2025 as well as the previous orders, have not been complied with and the correct addresses of respondents No.1 to 5 have not been furnished despite various opportunities.

9.

Keeping in view the above facts and circumstances, the present appeal, filed on behalf of the Insurance Company, stands dismissed for non-prosecution and non-compliance of the order of this Court. 10.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 12th September 2025 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No