Dismissed¶21

Jarnail Singh v. Balvinder Singh etc.

Punjab & Haryana HC15 May 2025FAO/1483/1995

Case brief

AI extract

What is this about?

Dismissal of regular second appeal (RSA) for non-prosecution where record burnt in 2011 fire and filing counsel deceased; enhancement of motor accident compensation (MACT Ambala) not adjudicated; notice service report (appellant refused, respondents 1-3 left address, respondent 4 served); three-month window to seek recall of order; Punjab & Haryana High Court, 2023.

What did the court decide?

The appeal is dismissed for non-prosecution, the Court having no other option in view of the burnt record, the death of the filing counsel, and the unserved notices. ¶20

Jarnail Singh Vs Balvinder Singh etc. — Punjab & Haryana HC (2025) — LawSathi Research

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2023:PHHC: 164543 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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232

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RSA-1483-1995 (O&M) Date of decision: 21.12.2023

Jarnail Singh

....Appellant

Versus

Balwinder Singh @ Billu and others ...Respondents

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CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

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Present : None.

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AMAN CHAUDHARY, J.

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1 . Injured-appellant has filed the present appeal seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Ambala (for short ‘the Tribunal’), on account of the injuries received by him in a motor vehicular accident.

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2 . The record of this case was burnt in the fire that broke out in the concerned branch in the year 2011.

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3 . On 22.11.2023, the following order was passed by this Court which

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reads thus:

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“Mr. M.G. Bagga, learned counsel who filed the appeal is no more as per information obtained from the High Court Bar Association. Since this is a burnt case, the orders passed on previous occasions by this Court being not available on the file, it is thus not discernible as to whether the respondents were also being represented. Notice to appellants as well as to the respondents for 21.12.2023.”

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4 . As per office report, notice issued to the parties have been received back with the following report:-

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Appellant Refused to accept the notice. - Respondent No.1 Left the given address. - Respondent No.2. Left the given address. - Respondent No.3 Left the given address. Respondent No.4 - Served.

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Ankur Goyal 2023.12.21 17:57 I attest to the accuracy and integrity of this order/judgment

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5 . In view of the above, this Court is left with no option but to dismiss

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the present appeal for non-prosecution.

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Ordered accordingly.

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Registry is directed to send a copy of this order to the appellant at the last known address, as also to the concerned SHO of the area to intimate the same. 8. A period of three months is granted for seeking recalling of this

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order.

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(AMAN CHAUDHARY) JUDGE

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21.12.2023 Ankur

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Ankur Goyal 2023.12.21 17:57 I attest to the accuracy and integrity of this order/judgment

Jarnail Singh v. Balvinder Singh etc.

Case brief

What is this about?

What did the court decide?

Jarnail Singh v. Balvinder Singh etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

Case details

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