KUMARI POONAM Vs. PHOOL CHAND

JUDGEMENT

(1.) This is an appeal by claimants under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act') against order dismissing the claim petition as barred by limitation under Section 166(3) of the Act.

(2.) Claimants are widow and minor daughter of the deceased, who was victim of an accident caused by a Jeep U.H.X. 7449, when the appeal was listed for admission, we heard learned counsel for appellants and find that conclusion of tribunal is unassailable. ,

(3.) Accident was on 14-3-1985 when the Motor Vehicles 3ct, 1939 was in force. Claim application was filed on 29-11-1989 after the Act came into force repealing the 1939 Act. Tribunal has accepted objection of the insurer that appeal is not maintainable as being barred by limitation as provided under Section 166(3) of the Act.