SUREKHABEN KESHARCHAND DOSHI Vs. CHANDRAKANT MANSUKHLAL PATEL

JUDGEMENT

(1.) The present appellant, who is original claimant before M.A.C.T. Of Bhavnagar, requested to pass an award for an amount of Rs.2,46,914/- on the count of injuries sustained by the petitioner - appellant herein in connection with an accident, which occurred on 31.1.1990 when the appellant, who was riding on an elephant, at that point of time, respondent No.1 came driving Luxury Bus No.GJ-5T-8820 in a negligent manner, endangering the human life and dashed the Luxury Bus with the elephant, due to which the appellant fell down from the elephant and sustained injuries.

(2.) The Tribunal observed that the claim petition was time-barred and therefore, the application below Exh.14 was allowed and petitioner under Section 166 of the M.V. Act was dismissed. Being dissatisfied with the judgment and order passed by the M.A.C.T. of Bhavnagar, the present appeal is preferred by the original petitioner - appellant herein under Section 173 of the Motor Vehicles Act, 1988 ('the Act', for short)

(3.) Heard learned advocate Ms. Nidhi Vyas for Mr.Siddharth Dave for the appellant and Mr. Palak Thakkar for respondent No.2. No argument was advanced by the respondent No.1 as the appeal was dismissed against unserved respondent by this court on 2.8.2018.