RAMDAYAL Vs. KAILASH LODHI

JUDGEMENT

(1.) CLAIMANTS have filed this appeal under section 173 of the Motor vehicles Act, 1988, against the award dated 25. 6. 2003 passed by First Motor Accidents claims Tribunal, Ashoknagar in Claim case No. 22 of 2003, whereby the Tribunal dismissed the claim petition of claimants on the ground that it is barred by limitation.

(2.) IN this case the incident took place on 7. 3. 1993 and in that accident deceased pistabai died. The deceased Pistabai was the daughter of the appellants. Thereafter on 15. 11. 2002 the claimants have filed the petition under section 166 of the Motor vehicles Act. The learned Claims Tribunal considered this aspect of the matter that the claim petition has been filed after lapse of 9 years and 8 months and dismissed the claim petition placing reliance on a Division Bench decision in the case of Vinod v. Manoj, 2002 (II) Durghatna Muavja prakashika 463 and also considering the decision of the Supreme Court in the case of Dhannalal v. D. P. Vijayvargiya, 1996 acj 1013 (SC), wherein the Apex Court has considered the question of limitation as the petition was pending before the Claims tribunal. Against dismissal of the claim petition, appellants have filed this appeal.

(3.) WE have heard the learned counsel for the parties and perused the impugned award.