KARAM PAL Vs. RAMESH JAIN

JUDGEMENT

(1.) CHALLENGE in the present petition is to the order passed by the learned court below, whereby the application filed by the petitioner for restoration of the claim petition, which was dismissed in default on 27.9.2004, was dismissed.

(2.) BRIEFLY , the facts are that the petitioner suffered serious injuries on the vital parts of the body including the fractures of tibia and fibula in a road accident on 7.8.2003. A claim petition was filed which was dismissed in default on 27.9.2004 on account of non-filing of process fee by the petitioner. The application for restoration was filed on 6.6.2005 and considering the same to be delayed, the learned Motor Accidents Claims Tribunal (for short, 'the Tribunal') dismissed the restoration application.

(3.) ON the other hand, learned counsel for the respondents submitted that a perusal of the facts on record clearly establish that ever since the claim petition was filed by the petitioner, the same was not being pursued by him. No process fee was filed for summoning the witnesses. Even the application for restoration was belated and the same was not accompanied by any application for condonation of delay. In such circumstances, no case for restoration of the claim petition, which was dismissed in default, is made out.