JUDGEMENT
Arun Tandon, J. -
(1.) THIS writ petition is directed against an order of the Motor Accident Claim Tribunal dated 25.04.2009 whereby the application made by the writ petitioner for recall/restoration of his Claim Petition No. 584 of 2004 (Km. Sarita vs. Bhupendra Singh and another) has been rejected. Facts relevant for deciding the controversy are as follows : Petitioner is stated to have suffered injury in motor accident in the year 2004. A Claim Petition was preferred on her behalf through her natural guardian namely father being Motor Accident Claim Petition No. 584 of 2004. The Claim Petition stood dismissed for want of prosecution under order of the Motor Accident Claim Tribunal dated 28.08.2006. An application was made by the writ petitioner through her natural guardian, for recall of the said order on 9th February, 2-009 i.e. after 2 years after dismissal of the Claim Petition. The only explanation furnished for delay in approaching the Tribunal in the affidavit filed explaining the delay was that the mother and father of the petitioner were not residing together and because of this the petitioner could not approach the Tribunal within time. The Tribunal has not accepted the explanation so furnished and has come to a conclusion that the delay has not been explained satisfactorily. Accordingly the recall application has been rejected as time barred. The order passed by the Tribunal is being questioned by means of this writ petition. The grounds raised in the application for condoning the delay have been reiterated before this Court. I have heard counsel for the parties and have gone through the records of the writ petition. I am of the considered opinion that the explanation furnished by the writ petitioner cannot be accepted as absolutely no reasons have been given as to why the natural guardian (father) of the petitioner did not attend the proceedings on the date fixed and as to why the recall application was not made within reasonable time. The Tribunal has rightly rejected the application. No ground has been made out to interfere with the order so passed by the Tribunal. Writ petition is dismissed.;
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