SATYA PAL SINGH Vs. MOTOR ACCIDENT CLAIMS

JUDGEMENT

(1.) Heard Mr. Y.K. Sinha, counsel for the petitioners.

(2.) By this writ petition the petitioners have prayed for quashing of the order dated 24.8.2002 and the entire proceedings of Motor Accident Claim Case No. 71 of 2001 pending before the Motor Accidents Claims Tribunal/Fast Track Court, 2nd, Saharanpur.

(3.) The facts of the case as given in the writ petition are: Pawan Kumar, son of respondent No. 2, died on 2.5.1992. An application for compensation in accordance with the provisions of Motor Vehicles Act, 1988, was filed on 19.4.2001. Written statement was filed by the petitioner in which, plea was taken that application having been filed after nine years of the alleged accident, is not maintainable as being barred by limitation. Issues were framed by the Tribunal including issue No. 4 as to whether the application is time-barred. The Tribunal vide order dated 24.8.2002 held that the application is not time-barred. The order dated 24.8.2002 has been challenged in this writ petition.