THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.444 of 2002 ORDER: The appellant filed O.P.No.650 of 1995 before the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kurnool, claiming compensation for the injuries received by him in an accident involving the vehicle owned by the 1st respondent and insured with the 2nd respondent. The O.P. was dismissed for default on 22.06.1999. The appellant filed I.A.No.445 of 1999 under Order IX Rule 9 C.P.C. with a prayer to set aside the order, dated 22.06.1999. The Tribunal dismissed the I.A. through order, dated 20.07.1999. Hence, this C.M.A. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The Tribunal has taken hyper technical view of the matter and it does not appear to have realized that the O.P. is filed for the benefit under a social security measure. Whatever may have been the justification for dismissing the O.P. on 22.06.1999, atleast when the appellant filed the I.A., it ought to have put him on terms and taken up the O.P. for hearing then and there. Instead, a cryptic order was passed dismissing the I.A. The same cannot be sustained in law. This Court is of the view that the interest of the respondents can be protected by denying interest to the appellant from the date of dismissal of the O.P. till the date of this order, in the event of any compensation being awarded. Hence, the C.M.A. is allowed and the order dated 20.07.1999 passed in I.A.No.445 of 1999 is set aside. Further, the said I.A. is allowed and the order, dated 22.06.1999 is set aside restoring the O.P. to file. The Tribunal shall proceed to decide the O.P. on priority basis and in the event of any compensation being awarded to the appellant, it shall not carry interest from 22.06.1999 till today. There shall be no order as to costs. __________ 23.07.2010 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.444 of 2002 Date: 23.07.2010 JSU