THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.278 OF 2010 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) At request of the learned counsel on either side, this appeal is taken up for disposal at the interlocutory stage. The appellant, who is a claimant in a motor accident claim, filed this appeal under Order XLIII Rule 1 (c) of the Code of Civil Procedure, 1860 {CPC}, inter alia, seeking to assail the order dated 12.06.2009 in I.A.No.77 of 2009 in O.P.No.695 of 2004 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-II Additional District Judge, Ranga Reddy District, in rejecting the said I.A. filed under Order IX Rule 9 read with Section 151 CPC seeking to restore the O.P., which was dismissed for default on 19.11.2008. The facts, in brief, which are necessary for disposal of this appeal, are that in a claim petition filed in the Court below, when the matter came up, since there was no representation, the same was dismissed for default on 19.11.2008. Thereafter, the present I.A. has been filed for restoration. According to the appellant, he has come with appropriate reason but the same was not appreciated in proper perspective and an opportunity should have been given to him to proceed with the case. However, his request was not considered and the said application was dismissed. Hence, the appeal. Having considered the submissions made on either side and on perusal of the material available on record, especially taking into consideration of the fact that the claim pertains to compensation for the injuries sustained in a motor vehicle accident, we are of the view that an opportunity should have been provided to the appellant to establish his case. It is now well established that the procedural laws are to aid the parties but not to punish them. In the circumstances, we are of the view that an opportunity should be given to the appellant herein once again to proceed with his case. Accordingly, the Civil Miscellaneous Appeal is allowed. Consequently, I.A.No.77 of 2009 is allowed and the order dated 19.11.2008 is set aside. O.P.No.695 of 2004 is restored to file and the Court below shall dispose of the same, within a period of three {3} months from the date of receipt of a copy of this order, in accordance with law after providing due opportunity to both the sides. It is needless to mention that from the date of dismissal of O.P.No.695 of 2004 till this day, the appellant would not be entitled to any interest on the amount of compensation in the event of the said O.P. being allowed. No costs. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 31st May 2010 RRB