RUKSANA UMARBHAI RAYMA Vs. DAUD ADAM BHATTI

JUDGEMENT

(1.) Heard Mr. Hiren Modi, learned advocate for the appellant - original claimant and learned advocate Mr. Jitendra Singh, learned advocate for respondent No. 2. Though served, no one appears for respondent Nos.1 and 3.

(2.) By way of this appeal under sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act"), the appellant have challenged the judgment and award dtd. 19/1/2018 passed by the learned Motor Accident Claims Tribunal (Auxi-3), Gandhidham- Kachchh passed in Motor Accident Claims Petition No. 315 of 2015.

(3.) Learned advocate Mr. Hiren Modi for the appellant has submitted that the learned Tribunal has passed the judgment and award, which is improper, illegal and unjust and against the provisions of law and facts and circumstances of the case and therefore, it may be quashed and set aside. He further submitted that the learned Tribunal has committed very serious error while dismissing the claim petition on the ground of limitation and therefore, the this appeal may be allowed.