1. Feeling aggrieved and dissatisfied with the judgment and order dated 27.08.2009 passed by the Motor Accident Claims Tribunal (Main) at Anand in Restoration Application No. 90 of 2007, the present appeal is filed under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act” for the sake of brevity).

2. The facts indicate that the appellant had preferred MACP No. 1551 of 2006 (Old No. 1121/94). Record indicates that the claim petition was originally preferred by appellant on 30.07.1994 and when the matter came up before the Tribunal after a period of 12 years, the learned advocate representing the appellant did not remain present and by an order dated 24.01.2007, the learned Motor Accident Claims Tribunal (Main), Anand was pleased to dismiss the claim petition for default. The appellant herein filed an application for restoration as provided under Order 9 Rule 4 of the Code of Civil Procedure, which was registered as Restoration Application No. 90 of 2007, which was dismissed by the impugned judgment and order dated 27.08.2009. Cumulatively, therefore, the claim petition stands dismissed for default. Being aggrieved by the same, the present appe