JUDGMENT

R.C.Lahoti, J. , Brijesh Kumar, J.

(1) LEAVE granted.

(2) A claim petition filed by the appellant before the Motor Accidents Claims Tribunal at Shivpuri, Madhya Pradesh, came to be dismissed in default of appearance on 27/1/98. On 15/4/1998, the appellant filed an application for restoration of the claim petition under Order IX, rule 9, Civil Procedure Code setting out the necessary facts explaining the reasons for failure to appear on the date of hearing and the delay in moving the application. The application was rejected by the Tribunal.The appeal preferred in the High Court also met the same fate.

(3) WE have heard the learned counsel for the parties.

(4) IN the peculiar facts and circumstances of this case, in our opinion, the Motor Accidents Claims Tribunal ought to have recalled the order of dismissal of the claim petition, dated 27/1/98 and restored the petition to its original status, condoning the delay in moving the application for restoration. The application was supported by a medical certificate showing the applicant having fallen ill on the date of hearing. The applicants own statement on oath remained uncontroverted