PARWATI DEVI Vs. MANAGER ORE MINING COMPANY

JUDGEMENT

(1.) It appears that the appellants-claimants have filed an application claiming compensation before the Motor Accidents Claims Tribunal, Durg, on account of death of Chaturi Chouhan.

(2.) The claimants are L.Rs. of deceased Chaturi Chouhan. The appellant No. 1 is his widow while the remaining appellants, some of whom are minors, are his children. It also appears that the claim petition was dismissed for want of prosecution on 23.3.96. On account of dismissal as above a restoration application under Order 9, rule 9 read with section 151 of Civil Procedure Code was filed by the claimants appellants. That application for restoration has been dismissed by the impugned order dated 11.2.1998.

(3.) While dismissing the application for restoration, the learned Tribunal has taken note of the fact that the appellants-claimants have shown negligence and have been unable to establish sufficient cause for their non-appearance. It has also been pointed out that the claim petition was earlier also dismissed on 5.3.1990, and it was ordered to be restored by order dated 10.8.1994. However, even thereafter, the claimants-appellants did not actively participate in the proceedings of the suit and on 23.3.96, the appellant's counsel pleaded no instructions resulting in dismissal of the claim petition again.