IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 433 of 2011 Date of decision: 8.7.2011 Umar Mohammad and another … Petitioners versus Asgar and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Vinod S. Bhardwaj, Advocate, for the petitioners Mr. Puneet Sharma, Advocate, for respondent No.3 ... ARVIND KUMAR, J: The present petitioners are the claimants in the claim petition under Section 166 of the Motor Vehicles Act. Their claim petition was dismissed in default on 10.4.2008. An application for restoration of the claim petition was filed on 6.6.2008 which also came to be dismissed vide impugned order dated 22.1.2010 passed by the Motor Accident Claims Tribunal, Nuh. Hence, the present revision. Heard. Counsel for the petitioners only contends that initially, the case was before the MACT Gurgaon and on the date it was dismissed in default, it stood transferred to MACT Nuh without knowledge and intimation to the petitioners' counsel and as such, their absence before the MACT, Nuh, was not intentional. Unless there is contumacious negligence on the part of the party concerned, no one should be denied hearing on merits. Accordingly, the impugned orders are set aside and the claim petition is restored to its original number. The learned Tribunal shall proceed with the claim petition from the stage it was dismissed in default C.R. No. 433 of 2011 -2- after issuing due notice to the respondents. The petition stands disposed of accordingly. July 8, 2011 ( ARVIND KUMAR ) JS JUDGE