THE HON’BLE SRI JUSTICE R. KANTHA RAO CIVIL MISCELLANEOUS APPEAL No.359 of 2000 ORDER: This appeal is directed against the order dated 30.11.1999 passed by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Ongole, in O.P.No.333 of 1994. The claimant is the appellant herein. I have heard the learned counsel appearing for the appellant and the learned standing counsel for the second respondent – insurance company. The Tribunal below, at first, dismissed the O.P. against the first respondent, who is the owner of the vehicle, on the ground that the appellant/claimant failed to deposit the process fee. It was observed that when the petition was dismissed against the owner of the vehicle, no liability can be fastened on the insurance company and accordingly the Tribunal below dismissed the entire claim petition. However, at the hearing of the appeal, the learned counsel appearing for the appellant submits that it was only due to the bona fide mistake the process fee could not be paid and that now the appellant is prepared to pay the process fee/batta and will take all required steps as contemplated under law. Since apparently non-payment of process fee is out of genuine mistake, the O.P. can be restored to file. Since the fault is on the part of the appellant himself, he is not entitled for interest that would be awarded by the Tribunal on the compensation from the date of dismissal order of the Tribunal i.e., 30.11.1999 till today i.e., 02.06.2010, the date on which the present appeal is disposed of. In the result, the order of the Tribunal below dated 30.11.1999 in O.P.No.333 of 1994 is set aside and the O.P. is restored to file and the Tribunal below is directed to dispose of the O.P. on merits by affording opportunity to both the parties to adduce further evidence, if any, and to make their submissions. The Tribunal below shall record findings afresh on all the issues. The appeal is accordingly allowed. No order as to costs. __________________ R. KANTHA RAO, J 02nd June, 2010 GHN