GANGA Vs. IIND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) S. K. Phaujdar, J. Heard both the parties. The petitioner had made an applica tion under the provisions of the Motor Vehicles Act for compensation for the death of her husband in a motor accident and the Respondent No. 5, was the insurer who was noticed in the proceeding. Upon a chance of compromise between the par-tics, the matter was sent to the Lok Adalat and the parties were required to appear on 24-10-1999 before the Lok Adalal. The petitioner was absent on that date while the representative of the insurer was present. The Lok Adalal recorded an order in the following language: "claim petition is dismissed. Costs on par ties. "

(2.) THE petitioner thereafter made an application to the Motor Accidents Claim Tribunal (IInd Additional District Judge, Hamirpur) on 28-10-1999 and the Tribunal recorded an order as follows: "heard the learned Counsel. THE case was dismissed in Lok Adalat and absence of ap plicant was deliberate. THErefore, application is summarily rejected. "

(3.) BOTH the aforesaid impugned or ders are quashed. The concerned claim case No. 76 of 1998 shall proceed before the concerned tribunal, according to law. The parties who arc before me are directed lo appear before the tribunal on 5-1-2000 to take further orders from him.