KULDEEP Vs. BALU AND ORS
LAWS(P&H)-2010-7-196
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 26,2010

KULDEEP Appellant
VERSUS
Balu And Ors Respondents

JUDGEMENT

- (1.)Claimant Kuldeep has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 4.5.2009, Annexure P/4 passed by learned Motor Accident Claims Tribunal, thereby dismissing petitioner's application for restoration of his claim petition which was dismissed in default.
(2.)Petitioner filed claim petition under Section 166 of the Motor Vehicles Act. The said claim petition was dismissed in default on 25.3.2008 as none appeared for the claimant. The petitioner moved application Annexure P/2 on 29.4.2008 for restoration of the claim petition alleging that the claimant could not contact his counsel and therefore, counsel had no information of the date fixed and the counsel could not appear. The application was opposed by respondent No. 3 by filing reply Annexure P/3. The Claims Tribunal finding no sufficient reason for restoration of the claim petition, dismissed the application for restoration.
(3.)As prayed for, service of notice on respondents No. 1 and 2 is dispensed with as they had not been yet served in the claim petition nor they were present before the Tribunal when the impugned order was passed.


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