Krishan Kumar Vs. Ashwani Rana and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126704
CourtPunjab and Haryana High Court
Decided OnFeb-13-2014
AppellantKrishan Kumar
RespondentAshwani Rana and Another
Excerpt:
cr no.1142 of 2014 -1- in the high court of punjab and haryana at chandigarh (117) cr no.1142 of 2014 date of decision:13.02.2014 krishan kumar ......petitioner versus ashwani rana and another .......respondents coram: hon'ble mrs.justice sabina present: mr.ashwani arora, advocate for the petitioner. **** sabina, j. petitioner has filed this petition challenging the order dated 12.07.2013 (annexure p-1) whereby application moved by the petitioner for restoration of the claim petition, was dismissed. i have heard learned counsel for the petitioner and have gone through the record available on the file carefully. in the present case, petitioner had filed claim petition claiming compensation on account of injuries suffered by him in the motor vehicle accident which had taken place on 24.08.2003. issues were framed on 25.01.2007. thereafter, the claim petition was dismissed in default on 21.12.2007. however, the petitioner moved an application for restoration of the same on 03.12.2009. it sandeep sethi 2014.02.13 16:49 i attest to the accuracy and integrity of this document cr no.1142 of 2014 -2- has transpired during the cours.of arguments that, although, the petitioner had appeared in his examination-in-chief but he had failed to appear for his cross-examination nor had led any other evidence in support of his case. in these circumstances, although, the case was dismissed in default but even otherwise, the claim petition was liable to be dismissed, as the petitioner had failed to lead his evidence in support of his claim nor anybody had appeared on his behalf on 21.12.2007. thereafter, the restoration application has already been moved after more than a year. in the facts and circumstances of the present case, no ground for interference by this court is made out. dismissed. (sabina) judge february 13, 2014. sandeep sethi sandeep sethi 2014.02.13 16:49 i attest to the accuracy and integrity of this document
Judgment:

CR No.1142 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (117) CR No.1142 of 2014 Date of decision:13.02.2014 Krishan Kumar ......Petitioner Versus Ashwani Rana and another .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Ashwani Arora, Advocate for the petitioner.

**** SABINA, J.

Petitioner has filed this petition challenging the order dated 12.07.2013 (Annexure P-1) whereby application moved by the petitioner for restoration of the claim petition, was dismissed.

I have heard learned counsel for the petitioner and have gone through the record available on the file carefully.

In the present case, petitioner had filed claim petition claiming compensation on account of injuries suffered by him in the motor vehicle accident which had taken place on 24.08.2003.

Issues were framed on 25.01.2007.

Thereafter, the claim petition was dismissed in default on 21.12.2007.

However, the petitioner moved an application for restoration of the same on 03.12.2009.

It Sandeep Sethi 2014.02.13 16:49 I attest to the accuracy and integrity of this document CR No.1142 of 2014 -2- has transpired during the couRs.of arguments that, although, the petitioner had appeared in his examination-in-chief but he had failed to appear for his cross-examination nor had led any other evidence in support of his case.

In these circumstances, although, the case was dismissed in default but even otherwise, the claim petition was liable to be dismissed, as the petitioner had failed to lead his evidence in support of his claim nor anybody had appeared on his behalf on 21.12.2007.

Thereafter, the restoration application has already been moved after more than a year.

In the facts and circumstances of the present case, no ground for interference by this Court is made out.

Dismissed.

(SABINA) JUDGE February 13, 2014.

sandeep sethi Sandeep Sethi 2014.02.13 16:49 I attest to the accuracy and integrity of this document