Thomas, J.

This appeal is by a claimant whose claim petition was dismissed by the Motor Accidents Claims Tribunal for default. Though the appellant filed an application for restoration of the petition, the Claims Tribunal dismissed that application. The appellant then moved an Original Petition in this Court under Art.227 of the Constitution challenging the said order by which the restoration application was dismissed. But the Original Petition was also dismissed with the observation that the appellant should have preferred an appeal as provided in S.110D of the Motor Vehicles Act, 1939 (for short 'the Act') against the award by which the claim was dismissed. Hence this appeal after getting the delay condoned by this Court.

1. The order dated 5-6-86 which is under challenge reads thus:

"On behalf of the petitioner's counsel an adjournment is prayed for without stating any reason. Adjournment refused. Petitioner called, absent. Hence petition dismissed".

On filing the claim petition, the Claims Tribunal posted the case for further steps. The respondents entered appearance and filed written statements in answer to the averments in the claim petition. Issues were framed and th