C.R. No. 5815 of 2011 (O&M) 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5815 of 2011 (O&M) Date of Decision: September 22nd,2011 Harchand Singh .. Petitioner Versus Simarjit Kaur and others .... Respondents CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present Ms. Sonia G. Singh, Advocate, for the petitioner. VIJENDER SINGH MALIK, J. This revision petition is brought by Harchand Singh, one of the respondents in a claim petition brought by Simarjit Kaur and others, under the provisions of Section 163-A of the Motor Vehicles Act, 1988 (for short, "the Act") for setting aside the order dated 7.9.2011 (Annexure P3), passed by the Motor Accidents Claims Tribunal, Tarn Taran (for short, "the Tribunal"), vide which the defence of the petitioner has been struck off. Annexure P/3 is a copy of the impugned order. It mentions that respondent No. 3 has not filed written statement despite the fact that on the previous date, it was ordered that only one opportunity will be granted to respondent No. 3 to file the written statement. The defence of the petitioner-respondent No. 3 was struck off and the case was fixed for 4.10.2011 for filing of replication and framing of issues. C.R. No. 5815 of 2011 (O&M) 2 .. Learned Tribunal has not taken care to find out the reason for respondent No.3 not being able to file the written statement. After noticing the plea of the counsel representing respondent No.3, the Tribunal might have rejected the same. However, nothing such has been done and it appears that the impugned order has been passed in a mechanical manner. Moreover, the case has not become old on account of any lapse on the part of the petitioner/respondent No.3. In these circumstances, the revision petition is accepted and the impugned order dated 7.9.2011 (Annexure P3) is set-aside and one more opportunity is given to respondent No.3 to file his written statement to the claim of Simarjit Kaur and others. (VIJENDER SINGH MALIK) JUDGE September 22nd, 2011 som