ORDER 1. Being aggrieved by the award dated 11.12.2007 passed by MACT, Badwani in claim case No. 202/07 for compensation on account of injuries was dismissed, the present appeal has been filed. 2. Short facts of the case are that appellant filed a claim petition against the respondents for compensation on account of injuries sustained by him. Upon notice, appearance was made by respondent No 3 but respondent Nos.1 and 2 could not be served in spite of giving repeated opportunities 10 the appellant to pay the Process Fees. Since appellant failed to pay the process for publication therefore claim petition was dismissed. against which the present appeal has been filed. 3. Learned counsel for appellant submits that because of paucity of funds appellant could not manage to pay P.E for serving respondent Nos. 1 and 2 by publication. It is submitted that number of claim petitions were filed which were arising out of the said accident and in other claim petitions, respondent No 3 was held liable and compensation has been awarded to the claimants. It is submitted that now the appellant has made arrangement of funds, therefore, It is prayed that appeal be allowed and impugned award be set aside ant case be remanded. 4. Learned counsel for respondent. No.3 submits that since appellant was at fault, therefore there is no justification in allowing the appeal and in remanding the case. It is submitted that appeal be dismissed. 5. After taking into consideration all the facts and circumstances of the case and keeping in view the reason for dismissal of the claim petition, the appeal filed by the appellant is allowed and impugned award is set aside so far as it relates to appellant with a direction to the learned Tribunal to give opportunity to the appellant to serve respondent Nos.1 and 2 ordinary as well as by publication and then to 1roceed with the case. 6. With the aforesaid observation, the appeal stands disposed of. Parties are directed to remam present before the learned Tribunal on 21.10.2010