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Judgment
Leave granted.
Appellant has applied for an award of compensation in respect of a motor accident in which he sustained injuries. According to him the injuries resulted in permanent disability and had to undergo a major operation and he is still suffering on account of the disability. But his claim for compensation was dismissed for default. He then moved an application for restoration of the claim. That was also dismissed by the court on 12-11-1988. Against that order he filed a revision before the High Court but unfortunately the High Court did not interfere for the reasons that:
"the learned Additional Chief Judge has given cogent and elaborate reasons for rejecting the application to set aside the dismissal order dated 22-6-1994, I see no ground to interfere under Section 115 CPC".
We too agree that there were laches on the part of the appellant in prosecuting his case but in the peculiar situation in which the unfortunate appellant was placed those laches should not have been the main decisive ground for non-suiting him once and for all. If his physical condition is what has been pictured by him that would certainly give some room for leniency in so far as the default committed by him is concerned. We do not think it necessary in the fact situation to adopt a rigid attitude to him. We, therefore, deem it necessary in the interest of justice to restore the claim made by him.
In the result, we allow this appeal and set aside the impugned orders. The claim made by him will stand restored. Learned counsel submits that he made a petition for enhancing the claim from ` 1,00,000/- lac to ` 2,50,000/- but learned counsel for the respondent disputes that there was any such petition. We leave it to the appellant to decide whether any such amendment is necessary, and if so, we allow the appellant to move for the same.
This appeal is accordingly disposed of.