SCA/23031/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 23031 of 2007 ========================================================= ARVINDBHAI JIBHAIBHAI THAKOR - Petitioner(s) Versus KESRIPRASHAD PRITAMPRASHAD PATEL & 2 - Respondent(s) ========================================================= Appearance : MR MA KHARADI for Petitioner(s) : 1, None for Respondent(s) : 1 - 2. UNSERVED-REFUSED (N) for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 09/07/2008 ORAL ORDER
The
petitioner has preferred the petition for challenging the order
passed by the tribunal dated 9.10.2006, whereby by the tribunal has
dismissed the claim petition, since the applicant before the
tribunal, who is petitioner herein has failed to serve the notice to
the opponent No. 1 and 2.
Heard
Mr. Kharadi learned Counsel for the petitioner.
It
appears that without even verifying as to whether as per the
provisions of the Act, the petitioner has the remedy of approaching
before the same tribunal, the statement has been made at para 8 of
the petition that there is no remedy available to the petitioner.
Under Section 169(2) of the Motor Vehicles Act 1988, the claims
tribunal has power of the Civil Court, and therefore, principle
analogous to the same shall be applicable.
The
petitioner has not exhausted the said remedy. Hence, petition is
dismissed.
(JAYANT PATEL, J.)
Suresh*