ORDER

23.07.2024 Date :

1. Heard Mr. I. Haque, learned counsel for the petitioner.

2. This application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the petitioner, namely, Bakhal Ramchiyari impugning the order dated 03.03.2021, passed by the learned Additional District Judge No.2, Kamrup (M), whereby the prayer for restoration of MAC Case No. 2235/2013 was rejected by the Trial Court on the ground that the delay for approaching the Court for seeking restoration of the aforesaid case has not been properly explained.

3. The facts relevant for consideration of the instant Revision Petition are that the petitioner’s wife had filed a MAC Case under Motor Accident Claims Case under Section 166 of the MV Act, 1988, seeking compensation in death of the son of the petitioner who died in a vehicular accident.

4. The said case was registered as MAC Case No. 2235/2013 and has been pending in the Court of learned Additional District Judge No. 2, Kamrup (M).

5. It is submitted by the learned counsel for the petitioner that the respondent No.1 Insurance Company appeared in the said MAC case and contested the claim case by fi