IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3548 of 2008 Date of decision: 21.01.2009. Kewal Ram ...Petitioner Versus Har Gayan Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Jashanpreet Singh, Advocate for the petitioner. Mr. B.K.Bagri, Advocate for respondent no.1. ***** S.D.ANAND, J. The petitioner filed a petition under Section 166 of the Motor Vehicles Act against the respondents to claim compensation in respect of injuries sustained by him in the course of the impugned accident. Respondents no. 1 and 3 had entered appearance at the trial through their respective learned counsel. However, the petitioner did not file registered envelope and a copy of the petition for effecting of service upon respondent no.2 for 14.8.2007. On account of that dereliction, the learned Tribunal held that the proceedings against respondent no.1 had abated. The approach adopted by the learned Tribunal is foreign to law. There is no question of abatement of the proceedings qua respondent no.2. Question of abatement may arise (though not necessarily) only if a party dies and his legal representatives are not brought on record. Even otherwise, technical approach cannot be adopted in the matter of trial of such like petitions. The presentation on behalf of the registered owner (respondent no.2) would be very relevant in the context of determination of liability of the insurer which is already otherwise represented before the Tribunal. In the light of the fore-going discussion, the petition shall stand allowed subject to payment of Rs.1000/-as costs. The impugned order shall stand quashed. The Tribunal shall allow one adjournment to the petitioner to file registered envelope and copy of petition for issuance of process to respondent no.2. The parties, through their learned counsel are directed to appear before the learned Trial Court on 10.2.2009. The stay order dated 4.7..2008 shall stand vacated. The vacation of stay order shall be communicated to the Court concerned forthwith. January 21, 2009 (S.D.Anand) Pka Judge