THE HON'BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL No.3126 of 2003 JUDGMENT: This appeal is preferred aggrieved against the order in I.A.No.383 of 2003 in O.P.No.526 of 2000 dated 17.07.2003 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Kadapa at Proddatur. The appellant-claimant filed the aforesaid I.A. seeking restoration of the above O.P., which was filed claiming compensation of Rs.1.00 lakh for the injuries sustained by him in the motor vehicle accident that occurred on 13.01.2000. By the impugned order dated 17.07.2003, the learned Judge observing that the appellant has not shown sufficient cause for his absence and has not filed any proof in support of his claim dismissed the I.A. Learned Counsel for the appellant urged that the lower Court without assigning any reasons dismissed the petition and that the appellant would suffer irreparable loss if the same is not set aside. He further urged that if an opportunity is given to the appellant, he would proceed with the trial in the lower Court and conceded that he would forego the interest from the date of dismissal i.e.26.02.2003 till the date of passing of the order. Having regard to the facts and circumstances and while giving an opportunity to the appellant to show his bona fides on the basis of the representation of the learned counsel for the appellant, the order in I.A.No.383 of 2003 in O.P.No.526 of 2000 dated 17.07.2003, passed by the Motor Accident Claims Tribunal-cum-II Additional District Judge, Kadapa at Proddatur, is set aside with a rider that the appellant is not entitled to claim interest from the date of dismissal i.e.26.02.2003 till the date of passing of the order. With these observations, the appeal stands disposed of. No order as to costs. K.S.APPA RAO,J Dt:04.02.2011 usd