CHETAN Vs. JAGROOP SINGH

JUDGEMENT

(1.) Petitioner has approached this Court against order dtd. 10/4/2019, passed by the Motor Accident Claim Tribunal-II, (in short "MACT') Kangra at Dharamshala, Circuit at Nurpur, H.P., in Civil Misc. Application No.13-N/IV/2015, titled as Chetan vs. Jagroop Singh & another, whereby application preferred by the petitioner under Sec. 5 of the Limitation Act (in short "Limitation Act'), for condonation of delay in filing application under Order 9 Rules 4 and 8 of Civil Procedure Code (CPC), read with Sec. 151 of CPC, for restoration of MACP No.12-N/13/09, titled as Chetan vs. Jagroop Singh etc., has been dismissed.

(2.) On 26/11/2009, petitioner had filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "M.V. Act') for compensation against respondents and Insurance Company, name whereof was to be disclosed by respondents, for suffering multiple injuries in a road accident caused by car being driven by respondent No.1, which was owned by respondent No.2. Petition remained pending adjudication before MACT-II at Dharamshala till 22/8/2013.

(3.) Record reveals that on 9/5/2014, it was taken up by the MACT-II at Dharamshala and for non representation of and on behalf of the petitioner, it was dismissed in default.