IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.M.A.No.77 OF 2004 Date:04.02.2011 Between:- Nandam Suseelamma ..Petitioner And A.P.S.R.T.C. rep.by its Managing Director, Musheerabad, Hyderabad and another. .. Respondents JUDGMENT:- The Civil Miscellaneous Appeal, under Order XLIII Rule 1(c) of the Code of Civil Procedure, 1908, (for short, ‘C.P.C.’) is directed against the order dated 17-11-2003 in I.A.No.7 of 2003 in O.P.No.304 of 2001 on the file of the Principal Motor Accident Claims Tribunal-cum-District Judge, Nellore whereunder and whereby, the petition filed under Order IX Rule 9 C.P.C. to set aside the dismissal order dated 18-12-2002 and to restore the O.P. to file was dismissed. I.A.No.7 of 2003 in O.P.No.304 of 2001 was dismissed on the ground that the explanation given by the petitioner that she was suffering with an ailment and therefore, she could not attend the Court is not substantiated. Proper explanation was given by the petitioner for her absence. Therefore, the trial Court should have allowed the petition. The absence of the petitioner on the day when the original petition was dismissed for default is not shown to be wanton or willful. Hence, the impugned order is set aside and the O.P. is restored to file. However, it is made clear that the petitioner is not entitled for any interest from the date of dismissal of the petition till the date of passing of the Award on the compensation amount that may be granted by the trial Court. The Civil Miscellaneous Appeal is allowed accordingly. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 4th February, 2011 AMD