Civil Revision No. 348 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 348 of 2009 Date of decision: 22.01.2009 United India Insurance Company Limited ...Petiitioner Versus Nishan and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. V.M.Gupta, Advocate, for the petitioner. ***** S.D.ANAND, J. A claim petition filed by the respondent-Nishan was dismissed in default on 9.10.2003. The respondent-claimant filed a plea for restoration thereof after a period of two years. The plea was granted by the learned Tribunal. The insurer is in revision against that order. There is no warrant for the proposition that a petition under the Motor Vehicles Act can be dismissed in default. Every order under a special Act has to be relate-able to the provisions contained in it. If one goes through the provisions of Motor Vehicles Act, one would find that no part of its authorises the dismissal of the claim petition in default. It would have been, thus, appropriate on the part of the court to have proceeded to dispose of it on merits either way after affording opportunity to the available parties to adduce evidence. Even otherwise, this Court is not able to understand what prejudice after all would be caused to the insurer by the restoration of the Civil Revision No. 348 of 2009 -2- **** petition. An insurer, though entitled to contest a petition on point of legality, ought not to be seen contesting the restoration of the petition. The provisions contained in Motor Vehicles Act are a piece of social Legislation aimed at ameliorating the economic condition of the injured or the legal representative of the deceased. The resistance offered to a restoration plea by a public sector Company, is not proper. In the light thereof, the petition is dismissed in limine. January 22, 2009 (S.D.Anand) Pka Judge