MAHABOOB VALI Vs. S SUDHAKAR

JUDGEMENT

(1.) This C.M.A., is filed against the order of the Motor Accidents Claims Tribunal (District Judge), Anantapur, dated 11-3-2004, in I.A. No.381 of 2004 in O.P. No.66 of 1995.

(2.) The petitioner filed O.P. No.66 of 1995 before the Tribunal claiming compensation alleging that he sustained injuries in an accident, which took place on 26-7-1994, reolving the vehicle belonging to the 1st respondent and insured with the 2nd respondent. The trial of the O.P. commenced. At that stage, he noticed that the O.P., was 'dismissed for default' against the 1st respondent, on 9-7-1996, due to nonpayment of batta. Therefore, he filed I.A.No.381 of 2004 under Order 9 Rule 9 of C.P.C. to set aside the order of dismissal. Through an order under appeal, the trial Court rejected the I.A.

(3.) Sri K. Maheswara Rao, learned counsel for the appellant submits that his client noticed the fact that the O.P. was dismissed for non-payment of batta, against the 1st respondent, only when the trial of the O.P. commenced. He contends that there was no negligence on the part of his client in pursuing the matter.