SURESH KUMAR Vs. JAGTAR SINGH

JUDGEMENT

(1.) Petitioner Suresh Kumar and others filed a claim petition under Section 110 of the Motor Vehicles Act. This claim petition was dismissed in default by the Tribunal by order dated February 5, 1992 for non- appearance of petitioners or their counsel. The petitioners moved an application dated February 12, 1992 for restoration of the petition stating that the counsel for the claimants was busy in civil Court at Amloh and thus, could not appear before the Tribunal and that the application for restoration of the claim petition was being filed after one week as the claimants were not present in the Court and thus, were not aware of the dismissal of the claim petition in default. Learned Tribunal after considering the submissions made, dismissed the said application by observing that the counsel for the claimants did not attend the court on February 5, 1992 and the petition was dismissed in default at 4-00 p.m. after having been called several times in the earlier part of the day and that the assertion of the counsel for the claimants that he appeared in the Court at noon was patently wrong. Thus, the application for restoration of the claim petition was dismissed by order dated December 12, 1992. Aggrieved by this Order, the claimants have filed the present revision petition.

(2.) On notice of motion have been issued, respondent No. 1 who had been served in the claim petition till then has put in appearance.

(3.) After hearing learned counsel for the parties, I am of the view that no injustice would be done to the respondents, if the claim petition is ordered to be restored and decided on merits. As noticed above, the claim petition was dismissed in default on February 5, 1992 and the application for re- calling the said order was moved on February 12, 1992 i.e. within a week. Even if there may be some negligence on the part of the counsel, the claimants cannot be made to suffer especially in a case where other respondents had not been served till then. In these circumstances, I allow this petition, set aside the order under revision and restore the claim petition to its original number subject to payment of Rs. 100/- as costs. The parties through their counsel have been directed to appear before the Tribunal on August 16, 1993. who shall proceed further with the matter in accordance with law.