ANANDRAO SHIVAJI RAO Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 8-9-1980 passed by the District Judge and Member, Motor Accidents Claims Tribunal, Dharwar, in M. C. (M.V.C.) No. 154/ 1977 on his file, awarding compensation of Rs. 9,000 to the injumed claimant.

(2.) The only point urged before us was: that the accident happened on 20-9-1974 and within six months an application was filed by the guardian (mother) of the minor, but she did not prosecute the same and the same was dismissed. Subsequently, the minor having attained the age of majority has filed the present application within time. It is the contention of the learned Counsel for the appellants that once there was an application presented on behalf of the minor and it was dismissed unless it is further established that the guardian of the minor did not act bona fide and acted negligently the present application does not lie.

(3.) When the earlier application was dismissed for non-prosecution, that bar does not apply. If the application was heard and decided on merits, the submission of the learned Counsel for the appellants should have been held to be good. Since the earlier application was dismissed for non" prosecution, there is no impediment for the minor to apply for compensation on attaining the age of majority. Hence, there is no arguable point in this appeal and it is dismissed in limine.