JUDGEMENT
S.U.Khan, J. -
(1.) LIST revised. No one appears for the petitioner. Heard Sri Ram Singh, learned counsel for respondent nos. 2 and 3. This writ petition is directed against orders dated 26.10.1991 and 23.3.1993 Annexures 1 and 3. In a motor accident pre decessor-in-interest of respondents 2 and 3 represented by Sri Ram Singh, learned counsel died. Accordingly, they filed M.A.C. Case no. 76 of 1985. The claim petition was allowed on 26.10.1991 for 45,000/- by VI A.D.J., Allahabad (Annexure III). The petitioner, vehicle owner, against whom the award was ex-parte filed restoration application which was registered as Misc. case no.20 of 1993 and was rejected on 13.03.1993, through Annexure 1. Against the main award dated 26.10.1991 claimants have filed F.A.F.O. no.163 of 1992 for enhancement of compensation. Learned counsel for claimants respondent nos. 2 and 3 states that he has got no objection if Annexure 1 order rejecting restoration application is set aside and restoration application of the petitioner is allowed. Accordingly, in view of this concession writ petition is allowed. Annexure 1 order dated 23.3.1993 is set aside restoration application filed by the petitioner before tribunal below is allowed. Consequently judgment and order dated 26.10.1991 also stands set aside. Let MACT/VI A.D.J. Allahabad hear and decide the claim petition afresh. However, as no one has appeared on behalf of petitioner, and other respondents accordingly, the tribunal shall issue notice to all the opposite parties in the claim petition before proceeding further. After service matter shall be decided very expeditiously preferably within four months from the date of service. Writ petition is disposed of. Learned counsel for the contesting respondents states that in view of this order F.A.F.O. no.163 of 1992 has become infructuous. However, the FAFO is stated to be cognizable by Division Bench. It is directed that lower court records summoned in F.A.F.O. no.163 of 1992 shall be sent back to the tribunal below immediately, in no case later than 6.7.2009 provided that learned counsel for the respondent nos. 2 and 3 supplies certified copy of this order to Section officer of F.A.F.O. Certified copy of this order may be supplied to learned counsel for the parties on payment of usual charges within three days. Writ petition is disposed of;
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