IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2492 of 2010. Date of Decision : 19.4.2010. Prem Lal Mehra alias Prem Bahadur & another ......Petitioners Versus Barjinder Singh & others ......Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Ashok Jindal, Advocate, for the petitioners. NAWAB SINGH J.(ORAL) Challenge is to the order dated February 9th, 2010 passed by the Motor Accident Claims Tribunal, Bathinda, (for short, 'MACT'), whereby application filed by the petitioners for restoration of the claim application under Section 166 of the Motor Vehicle Act was dismissed. 2. By order dated December 8th, 2008 claim application filed by the petitioners was dismissed for non- prosecution. They filed application for restoration averring that they belong to Nepal and were not aware of the date fixed. It was dismissed on the ground that the petitioners did not lead evidence despite four opportunities and on December 8th, 2008 none appeared on their behalf. 3. This Court is of the opinion that the MACT has adopted wholly perverse approach in the matter. It should have adopted sympathetic view and approach while dealing with the claim petition. It also fell in error in taking into consideration the fact that four opportunities were accorded to the petitioners for leading their evidence because in that eventuality, the MACT could close the evidence and thereafter proceed further but it did not. In fact, it was dismissed for non-prosecution. The law involved is based on compassion. Unfortunately, 19 years old son of the petitioners died in the road-accident and they are permanent residents of Nepal. Refusing to restore the case can result in a meritorious matter being thrown out. It shall defeat the cause of justice. A contest on merits is always a better proposition. 4. In view of above, order under challenge is set- aside. The application filed by the petitioners for restoration of their claim application is accepted. Consequently, the MACT is directed to restore the claim application to its original number and proceed further in accordance with law. (NAWAB SINGH) JUDGE 19.4.2010. SN