S.G. SHAH, J.

1. Heard learned Advocate Mr. Bhatt for the petitioner as well as Mr. Mehta, learned Advocate for the respondent No. 3. Perused the record.

2. The petitioner herein is original claimant before Motor Accident Claims Tribunal, Gandhidham-Kutch in Motor Accident Claims Petition No. 332 of 2008 wherein he has claimed Rs. 2,00,000/- as compensation for the injuries received by him in vehicular accident on 11-6-2008. Such claim petition has been dismissed for want of prosecution and in absence of applicant, by order dated 6-10-2017, below application for compensation being Exh. 1 in such Motor Accident Claims Petition No. 332 of 2008, by summary order Tribunal has recorded that since application is of the year 2008, and since it is pending for more than 5 years, and since issues were framed before for long time, it is not in the interest of justice to keep such petition pending as if claimant is not interested in proceeding further, and therefore, in absence of claimant and his Advocate, petition was dismissed for default for want of evidence by the claimant.

3. It is unfortunate that Tribunal has failed to realize the statutory provision which permits the Tribunal t