JASWANT BHIKU DHODI Vs. HIRABEN MOHANLAL PAREKH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/applicant of Motor Accident Claims Application No.274 of 1982 against the judgment of the Motor Accident Claims Tribunal Thane, dated 16th July 1986.

(2.) THE brief facts that may be stated for disposing of this appeal are as follows:

(3.) THE Tribunal took for consideration the preliminary issue viz. whether the application filed by the appellant/applicant was in time and is not barred by period of limitation. The Tribunal after elaborately considering the entire matter, came to the conclusion that the appellant/applicant has not adduced any material before the Court to show that at the relevant time viz. on 1.9.1971 he was minor and that further after immediately attaining the majority filed the application on 10.11.1982. The Tribunal also found that even though in the said application filed by the applicant before the Tribunal in the opening para itself it has been stated that application is filed for and on behalf of the heirs of the deceased, the applicant has not furnished any details in that regard. Finally, the Tribunal also found that the material particulars as to how Bhiku Jagan died and about the minority, if any, of the applicant are wanting and in absence of such particulars, the petition is clearly barred by limitation.