Dismissed¶27

Vikas v. Dinesh and Others

Punjab & Haryana HC4 May 2026FAO/1016/2024

Case brief

AI extract

What is this about?

Keywords: FAO 1016/1024 of 2024 (O & M); High Court of Punjab and Haryana at Chandigarh; Nidhi Gupta J.; decision 04.05.2026; Motor Accident Claims Tribunal Karnal Award 11.10.2023; road side accident; deceased Rahul; injured claimant Vikas; 5% permanent disability; ₹1,38,521/-; ₹21,51,960/-; enhancement; appellants Smt. Bala and others; respondents Dinesh Kumar and others; respondent No.3 Insurance Company; Punit Jain Advocate; dismissal for want of prosecution; non-appearance; notice of motion not issued; second round no representation; pending applications disposed; no appearance for appellants.

What did the court decide?

It is a matter of record that since institution of the appeals none has put in appearance on behalf of the appellants and even notice of motion has not been issued. ¶25

Vikas Vs Dinesh and Others — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶27

Issue for consideration

Whether the connected appeals FAO-1016-2024 and FAO-1024-2024 should be dismissed for want of prosecution, given the appellants' non-appearance since institution and failure to avail afforded opportunities.

¶26

Court's answer

It is a matter of record that since institution of the appeals none has put in appearance on behalf of the appellants and even notice of motion has not been issued.

¶25

Ratio / Principle

Considerable judicial time was already expended in affording opportunities in the interest of justice; however, the appellants failed to avail the same.

¶26

Key takeaways

Neither the appellants nor their counsel appear interested in pursuing the matters any further.ratio¶26
This Court had no option but to dismiss both the appeals for want of prosecution, and ordered accordingly.ratio¶27
Pending applications, if any, shall also stand disposed of.ratio

Detailed headnote1 paragraphs

Punjab & Haryana High Court at Chandigarh (Nidhi Gupta J., oral), decision dated 04.05.2026: FAO-1016-2024 (filed by injured/claimant Vikas) and FAO-1024-2024 (appellants Smt. Bala and others), both arising out of the common Motor Accident Claims Tribunal, Karnal Award dated 11.10.2023, were dismissed for want of prosecution. Per the Award, Rahul succumbed to injuries in a roadside accident while Vikas suffered injuries assessed at 5% permanent disability; the Tribunal awarded ₹1,38,521/- to Vikas and ₹21,51,960/- to the wife, two minor sons and father of deceased Rahul, the latter appeal having been preferred for enhancement. It was a matter of record that since institution nobody appeared for the appellants and notice of motion was not issued; in the second round too there was no representation. Considerable judicial time spent affording opportunities went unavailed, and neither appellants nor their counsel appeared interested in pursuing the matters. Pending applications, if any, stand disposed of. Respondents (incl. respondent No.3-Insurance Company) were represented by Mr. Punit Jain, Advocate; no counsel appeared for the appellants.

¶1

FAO Nos.1016 and 1024 of 2024 ( O & M) 1

¶2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶3

126(2 cases )

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FAO No.1016 of 2024 (O & M) Date of decision :-04.05.2026

Vikas

…..Appellant

Versus

Dinesh Kumar and others

¶9

…..Respondents

¶10

FAO No.1024 of 2024 (O & M)

¶11

Smt. Bala and others

¶12

…..Appellants

¶13

Versus

¶14

Dinesh Kumar and others

¶15

…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:None for the appellant(s) in b oth cases.

¶18

Mr. Punit Jain, Advocate for respondent No.3-Insuran c e Company.

¶19

NIDHI GUPTA J. (Oral)

¶20

Since both the afore s aid appeals arise out of the

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same A w ard dated 11.10.2023 passed b y the learned Motor Accident Claims T r ibunal, Karnal, both are being disposed of by this common order.

¶22

VIJAY ASIJA 2026.05.05 10.25 I attest to the accuracy and integrity of this document

¶23

FAO Nos.1016 and 1024 of 2024 ( O & M) 2

¶24

FAO-1016-2024 has been f iled by the injured/claimant Vikas, w h ereas FAO-1024-2024 has be e n preferred by the claimants seeking e nhancement of the compensat i on awarded by the learned Tribunal v ide Award dated 11.10.2023. A s per the said Award, Rahul succumb e d to injuries sustained in a roa d side accident, whereas Vikas (appellan t in FAO-1016-2024) suffered i n juries. The learned Tribunal awarded a sum of ₹1,38,521/- as compe n sation to the injured Vikas, who was assessed to have suffered 5% p e rmanent disability. A sum of ₹21,51,9 6 0/- was awarded to the clai m ants, namely the wife, two minor so n s and father of the deceased Ra h ul.

¶25

The appeals pertain to the y ear 2024. It is a matter of record t h at since their institution, non e has put in appearance on behalf o f the appellants and even notice of motion has not been issued. T o day also, when the cases were t aken up in the second round, there is n o representation on behalf of th e appellants.

¶26

The aforesaid conduct refle c ts a lack of diligence and a casual a p proach on the part of the a p pellants in prosecuting the present a p peals. Considerable judicial ti m e has already been expended in affording opportunities in the inter e st of justice; however, the appellant s have failed to avail the sam e . It appears that neither the appellant s nor their counsel are intereste d in pursuing the matters any further.