KHAZISRA Vs. JAGDISH

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 9.8.1999 passed by the Court of Motor Accidents Claims Tribunal, Kurukshetra which dismissed the application of Smt. Khazisra under Order 9 Rule 9 of the Code of Civil Procedure for restoration of the claim petition which was dismissed on 1.5.1996 in default by the Tribunal.

(2.) SOME facts can be noticed in the following manner : Smt. Khazisra filed a petition under Section 166 of the Motor Vehicles Act, 1988 against Jagdish, Amarjyoti and National Insurance Company. That petition was dismissed for default of prosecution on 1.5.1996. Thereafter, the petitioner filed another claim petition No. 158 of 1997. Notice of this claim petition was given to the respondents who filed the replies. A preliminary objection was taken that the second claim petition is not legally maintainable in view of the fact that earlier claim petition was dismissed on 1.5.1998. The parties led the evidence and vide order dated 16.9.1996, the second petition was dismissed holding that it was not maintainable with the following observations :

(3.) I have heard learned counsel appearing for the petitioner and with his assistance have gone through the record of the case.