JUDGMENT :

1. The claimant is challenging the judgment dated 1.1.2019 passed by the MACT (Aux), Dahod at Limkheda in MACP (New) no.299/17 (Original MACP no.3250/00). The claimant was minor at the time of the accident which occurred on 12.10.1998 and for that, the FIR was filed at Limkheda Police Station bearing I-CR no.249/98. The claimant was going from Limkheda to his Village on cycle to sell milk. He stated that he was riding his cycle slowly with due care and caution. While passing Limkheda Gram Panchayat at about 7.00 a.m., he faced the accident since opponent no.1 came driving his tempo bearing registration no.GJ-17 X- 3564 in a rash and negligent manner and with an excessive and uncontrollable speed, opponent no.1 lost control over the tempo which left the road and came on the side and dashed the claimant who was as per the plaint was aged about 14 years who had filed his application through the guardian and next friend his father Chhatrasinh Patel. On attaining majority, cause title was amended and the minor himself pursued the matter. The original claim petition was renumbered as MACP no.3889/04 and thereafter again numbered as MACP no.299/17.

2. The observation of the Trib