VED LAL Vs. MIRAJ-UD-DIN

JUDGEMENT

(1.) A claim petition under the provisions of Motor Vehicles Act came to be filed before respondent No. 7 in respect of death of one Desha Pandita daughter of petitioner No. 1 caused by the rash and negligent driving of a bus driven by respondent No. 1. The said application came to be dismissed by respondent No. 7 in default of the petitioner on 10.4.1976.

(2.) TWO applications for its restoration came to be filed, one in Urdu and the other in English on 9.7.1976 and 29.7.1976 respectively. In one application it was stated that the applicant had gone to Delhi in connection with the treatment of his eyes, therefore, he could not attend the court of respondent No. 7 and in the second application it was stated that if the restoration application is not allowed, the application be treated as a fresh application under the provisions of Motor Vehicles Act for bringing a claim for compensation. Condonation of delay was also sought on the ground of petitioner No. 1's absence from the State. Both these applications were dismissed by a single order dated 13.6.1977. This order of the Tribunal is challenged in this writ petition and in the alternative it is prayed that the writ petition be treated as an appeal against the order of the Tribunal.

(3.) MR . R.N. Kaul has appeared for respondent Nos. 6 and 7. No one has appeared for respondent Nos. 1 to 5. I have heard the learned Counsel for the parties and considered the matter.