This appeal is directed against the judgment and order dated 17.8.2007 passed by Motor Accident Claims Tribunal, Ranchi in Compensation Case No.95/2005, whereby he has dismissed the claim case as being not maintainable and is barred by the principle of res judicata.

2. The facts of the case lie in a narrow compass. The claimant-appellant earlier filed a compensation case being Compensation Case No. 205/96 for grant of compensation on account of death of the deceased in a motor vehicle accident. The said claim case was dismissed in default and thereafter the claimant filed an application for restoration of Compensation Case No.205/96, which was registered as Miscellaneous Case No.2/2002. In the said restoration application the claimant was required to remove certain defects but for non-compliance, the restoration application was also dismissed for default. The claimant-appellant, thereafter, filed a fresh application claiming compensation, which was registered as Compensation Case No. 95/2005. The said claim application was opposed by the respondents raising the preliminary objection with regard to maintainability of the compensation case No.95/2005.

3. The Claims Tribunal,