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2021 Supreme(HP) 288

VIVEK SINGH THAKUR
Chetan S/o Shri Prittam Chand – Appellant
Versus
Jagroop Singh S/o Shri Diler Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Devyani Sharma.
For the Respondents: Sh. Ajay Sharma, Sh. Rakesh Chaudhary.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Petitioner has approached this Court against order dated 10.04.2019, passed by the Motor Accident Claim Tribunal- II (in short ‘MACT’) Kangra at Dharamshala, Circuit at Nurpur, H.P. in Civil Misc. Application No. 13-N/IV/2015, titled as Chetan vs. Jagroop Singh and Another, whereby application preferred by the petitioner under Section 5 of the Limitation Act (in short ‘Limitation Act’) for condonation of delay in filing application under Order 9 Rules 4 and 8 of Civil Procedure Code (CPC), read with Section 151 of CPC, for restoration of MACP No. 12-N/13/2009, titled as Chetan vs. Jagroop Singh etc. has been dismissed.

2. On 26.11.2009, petitioner had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as M.V. Act) for compensation against respondents and Insurance Company, name whereof was to be disclosed by respondents, for suffering multiple injuries in a road accident caused by car being driven by respondent No. 1, which was owned by respondent No. 2. Petition remained pending adjudication before MACT-II at Dharamshala till 22.08.2013. Thereafter, it was transferred to Circuit Court of MACT-II at Nu

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