Balkar Singh v. Om Parkash And Another
In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 6841 of 2019 (O&M) Date of Decision: 11.11.2022 Balkar Singh ... Petitioner(s)
Versus
Om Parkash and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present:
Mr. Angraze Singh Dhindsa, Advocate for the petitioner(s).
Mr. Sanjeev Kodan, Advocate for the respondents.
Anil Kshetarpal, J.
1.
The petitioner herein is respondent No.1 in claim petition filed by Om Parkash under Section 166 and 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the 1988 Act").
2.
The petitioner is owner and driver of the motorcycle which had allegedly caused the said accident. He has filed an application for permission to produce a valid driving license which was duly renewed. The Motor Accidents Claims Tribunal (hereinafter referred to as "the Tribunal") has refused to permit the petitioner to produce the driving license as the same is already exhibited as Ex.R2.
3.
The learned counsel representing the petitioner submits that the aforesaid photocopy is with respect to the expired license which has subsequently been renewed.
DEEPAK KUMAR BHARDWAJ 2022.11.16 10:25 I attest to the accuracy and integrity of this document 4.
Admittedly, the proceedings before the Tribunal are pending. In
Civil Revision No. 6841 of 2019 (O&M) such circumstances, the order passed by the Tribunal is not sustainable. Hence, the present revision petition is allowed and the order dated 11.10.2019 is set aside. Let the petitioner produce the driving license before the Tribunal.
5.
Since the claim petition was filed on 14.08.2017, therefore, the Tribunal is directed to decide the same within a period of six months, positively, from today.
6.
The miscellaneous application(s) pending, if any, shall stand disposed of.
(Anil Kshetarpal) Judge November 11, 2022 "DK"
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.11.16 10:25 I attest to the accuracy and integrity of this document