JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 07.04.2006 passed by the learned Ist M.A.C.T., Keonjhar in C.M.A. No. 07 of 2006 arising out of Claim Misc. Case No. 370/1990 whereby and whereunder the learned Tribunal rejected the application filed by the claimant-petitioner for restoration of the claim application.

2. For the death of one Kangali Charan Behera in a motor vehicle accident, the petitioner-daughter filed an application for compensation under Section 166 of the Motor Vehicle Act before the learned Motor Accident Claims Tribunal, Keonjhar. The claim application was dismissed for default on 16.01.2006. Thereafter, the application for restoration under Order 9 Rule 9 of C.P.C. read with Section 5 of the Limitation Act was filed before the learned Tribunal.

By order dated 07.04.2006, learned Tribunal dismissed the application for restoration.

3. Heard Mr. Rabi Raj Jaiswal, learned Advocate for the petitioner and Mr. Pranab Kumar Pasayat, learned Advocate for opposite party no.2.

4. The sole question that hinges for consideration is whether an application for compensation under Section 166 of the Motor Vehicles Act can be dismissed for default.

5. The subject-ma