MOOL CHAND YADAV @ ASHOK Vs. PHOOL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 06.8.2009, passed by Motor Accident Claims Tribunal, Rewari, whereby an application filed for setting aside/recalling the order dated 30.8.2007, has been dismissed.

(2.) IN brief, the facts of the case are that the appellant filed a petition before the Motor Accident Claims Tribunal, Rewari, for compensation in respect of the injuries suffered by him in a vehicular accident. The said claim petition was dismissed in default vide order dated 30.8.2007, which reads as under :-

(3.) - On the other hand, learned counsel for the respondent has submitted that the application for recalling of the order was beyond limitation because as per Artice 122 of the Limitation Act, 1963, (for short,'the Act'), limitation is 30 days from the date when the order is passed, which shall be counted from 30.8.2007. It is further submitted that the appellant has deliberately tried to mislead the Court by filing another application for compensation instead of filing an application for recalling the order dated 30.8.2007, therefore, it lacks bonafide. He has relied upon a judgment of this Court in Khazisra v. Jagdish, 2000 (3) R.C.R. (Civil) 214, to contend that the application filed for recalling is not maintainable being barred by limitation.