RUPESH KUMAR Vs. OM PRAKASH SINGH & ANOTHER

JUDGEMENT

(1.) Heard Sri S.B.Singh, learned counsel for the appellant. Sri Mansoor Ahmad has appeared for respondent no. 2. No one has appeared for respondent no. 1, though he is duly represented by a counsel.

(2.) This appeal has been preferred under Section 173 of the Motor Vehicles Act,1988 against the judgment and order dated 10.1.2007 passed by the Motor Accidents Claim Tribunal Bulandshahr in M.A.C.P. No. 352 of 2003 (Rupesh Kumar Vs. Om Prakash and another) by which the claim petition of the claimant-appellant has been dismissed on the ground that it was not presented through next of friend though on the date of presentation of the claim petition, he was minor, aged about 17 years.

(3.) A perusal of the impugned judgment and order of the Tribunal reveals that at one hand, it had dismissed the claim petition as the claimant was a minor and incapable of presenting the claim without the next of friend and on the other hand it had determined the compensation of Rs. 3,37,800 on merits.