Oriental Inusrance Co. Ltd v. Kapil Chopra And ORS

2024:PHHC:013414

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-4266-2016 (O&M) Date of Decision : 31.01.2024 ORIENTAL INSURANCE CO. LTD .... Petitioner

VERSUS

KAPIL CHOPRA & ORS.

.... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Rajesh Gupta, Advocate for Mr. M.K. Garg, Advocate for the appellant.

Mr. Ishan Cooner, Advocate for respondent No.3. ALKA SARIN, J. (ORAL) 1.

On 09.10.2023 the following order was passed : "It has come on the record that owner of the offending vehicle namely Amit Bansal has died. Vide order dated 25.05.2019 last opportunity was provided to the counsel for the Insurance Company to take necessary steps to implead LRs of owner of the offending vehicle but till date no such steps have been taken up on behalf of the Insurance Company.

So, now one last opportunity is granted to Insurance Company to take necessary steps to implead LRs of owner of offending vehicle namely Amit Bansal.

Now be listed on 14.12.2023.

AMAN JAIN 2024.01.31 20:39 I attest to the accuracy and integrity of this judgment/order.

FAO-4266-2016 (O&M) -2Counsel for the Insurance Company namely Mr. M.K. Garg, Advocate be informed accordingly.

To be taken up immediately after urgent list. Photocopy of this order be placed on connected case file."

2.

On 14.12.2023 further time was sought by the learned counsel appearing on behalf of the appellant-Insurance Company for impleading the legal representatives of respondent No.4-owner of the offending vehicle. Despite numerous opportunities no steps have been taken to implead the legal representatives of respondent No.4.

3.

In the present appeal the appellant-Insurance Company has sought recovery rights qua respondent No.4, owner of the offending vehicle. In view of the failure of the appellant-Insurance Company to implead the legal representatives of respondent No.4-owner, despite numerous opportunities, this Court is left with no other option but to dismiss the present appeal for non-prosecution.

4.

Dismissed for non-prosecution. Pending applications, if any, also stand disposed off.

31.01.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yer/No AMAN JAIN 2024.01.31 20:39 I attest to the accuracy and integrity of this judgment/order.