SANTOSH KUMARI Vs. DILDAR SINGH AND OTHERS

JUDGEMENT

(1.) PETITIONER has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India for setting aside impugned order dated 08.10.2010, Annexure P1 passed by learned Motor Accident Claims Tribunal, Gurdaspur (for short, the 'Tribunal') vide which learned Tribunal had declined to restore the petition of present petitioner for compensation filed under Section 166 of Motor Vehicles Act, 1988 (for short, the 'Act') which was dismissed in default.

(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Tribunal, Gurdaspur.

(3.) IT has been contended by learned counsel for the petitioner -claimant that provisions of Civil Procedure Code are not strictly applicable to the proceedings under the Act before learned Tribunal. He has further contended that moreover, no limitation is prescribed for filing an application for setting aside a petition which was dismissed in default. He has also placed reliance upon Pritam Chand v. Shamsher Singh and others, : AIR 1986 (P&H) 300.