KARMI DEVI Vs. SATENDRA KUMAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 17.8.2007 passed by the Motor Accidents Claims Tribunal, Ranchi in Compensation Case No. 95 of 2005, whereby he has dismissed the claim case as being not maintainable and is barred by the principle of res judicata.

(2.) THE facts of the case lie in a narrow compass. THE claimant-appellant earlier filed a compensation case being Compensation Case No. 205 of 1996 for grant of compensation on account of death of the deceased in a motor vehicle accident. THE said claim case was dismissed in default and thereafter the claimant filed an application for restoration of Compensation Case No. 205 of 1996, which was registered as Miscellaneous Case No. 2 of 2002. In the said restoration application the claimant was required to remove certain defects but for non-compliance, the restoration application was also dismissed for default. THE claimant-appellant, thereafter, filed a fresh application claiming compensation, which was registered as Compensation Case No. 95 of 2005. THE said claim application was opposed by the respondents raising the preliminary objection with regard to maintainability of the Compensation Case No. 95 of 2005.

(3.) IN the background of the facts of the case, the important questions that fall for consideration are: