Civil Revision allowed. The High Court set aside an order dismissing a set-aside application against a Motor Accident Claims Tribunal award. The matter was remanded to the Tribunal due to the untimely death of a party's legal representative.
Impugned order set aside; matter remanded to Tribunal to be decided afresh on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No.2823 of 2005 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Revision No.2823 of 2005(O&M)
Date of Decision: December 03, 2009
Baljit Kaur and others
...........Petitioners
Versus
Darshana Rani and others
..........Respondents
Coram: Hon'ble Mrs.Justice Sabina
Present: Mr.V.K.Sandhir Advocate, for the petitioner. Mr.Ranjit Sharma, Advocate for the respondents
Sabina, J. (oral)
This petition has been filed challenging order dated 19.4.2005 passed by the Motor Accident Claims Tribunal Amritsar whereby the application filed by the petitioners under Order 9 Rule 13 of the Code of Civil Procedure read with Order 22 Rule 4 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure for setting aside the award dated 20.1.2004 was dismissed.
Petitioners are the legal heirs of Charanjit Singh-respondent No.1 in the claim petition filed by Darshana Rani and others. Charanjit Singh died during the pendency of the claim petition and was proceeded ex-
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CR No.2823 of 2005 (O&M)
parte. It was not brought to the notice of the Tribunal that Charanjit Singh had died and ,consequently, his legal heirs who had no knowledge about the pendency of the claim petition, could not be brought on record. In view of the fact of this case, both the counsel for the parties have submitted that let the impugned order be set aside and the matter may be remanded back to the Tribunal to be decided afresh on merits
Accordingly, this petition is allowed. The impugned order is set aside. Consequently, the application filed by the petitioner for setting aside the award passed by the Motor Accident Claims Tribunal on 20.01.2004 is set aside. The parties are directed to appear before the Tribunal on 11.1.2010. It is needless to say that the Tribunal shall dispose of the claim petition expeditiously.
( Sabina ) Judge
December 03, 2009
arya
1 issue framed by the court
Whether the impugned order dismissing the application to set aside the award should be set aside in view of the death of Charanjit Singh during the pendency of the claim petition.
3 provisions across 1 enactments
Baljit Kaur and others
Darshana Rani and others
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
