JUDGMENT :

Short question that arises for consideration in this appeal is whether after a claim petition was dismissed for non prosecution, the claimant can file a fresh petition on the same cause of action without getting the original claim petition restored.

2. The facts lie in narrow compass. Claimant Halappa was working as a driver in respect of lorry bearing registration No.KA25/B574 owned by respondent No.1 M/s. Vijayananda Roadlines Ltd., and insured with appellant herein. On 11.10.2005 while the claimant was driving the lorry, it met with an accident and claimant suffered injuries. A case in Crime No.131/2005 was registered in Hirebagewadi Police Station in connection with the accident. The claim petition filed by him in WC/NF/No.159/2005 before the learned Labour Officer and Commissioner for Workmen’s Compensation, Hubballi came to be dismissed for non-prosecution by order dated 27.02.2007. Subsequently, he filed restoration petition in Miscellaneous case No.2/2007. It was dismissed by order dated 15.04.2008. A fresh claim petition was thereafter filed in WCR/NF/No.95/2009 before the learned Labour Officer and Commissioner for Workmen’s Compensation, Haveri (for short,