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2018 DIGILAW 266 (SC)

Mawizuali v. K. Lalthaengi

2018-02-13

ADARSH KUMAR GOEL, UDAY UMESH LALIT

body2018
ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. The Motor Accident Claim Tribunal dismissed the claim petition for compensation on account of death of Vanlalchhanchhuaha in a vehicle accident which order has been upheld by the High Court. The vehicle was driven by minor son of respondent no. 1 who is also the owner of the vehicle. The Tribunal held that since minor was not imp leaded as a party in the claim petition, the petition was not maintainable and was dismissed. 4. Learned counsel for the appellants submits that the minor was not required to be made a party when guardian of the minor was already party. 5. We are of the view that the claim petition ought not to have been dismissed only on the ground that minor was not a party when mother of the minor was a party. Accordingly, we set aside the impugned order and remand the matter to the Tribunal for fresh decision on merits in accordance with law. 6. Parties are directed to appear before the tribunal for further proceedings on Monday 19 th March, 2018. The appeal is, accordingly, disposed of.