- (1.) Heard Mrs. Rajni Ojha, learned counsel for the appellants, Shri B.N. Pandey, learned counsel appearing for the respondent nos. 2,3 and 4 and Shri Amit Singh, learned counsel for the insurance company.
(2.) This First Appeal From Order under Section 173 of the Motor Vehicles Act has been filed against the order dated 24.3.2009 passed in MACP No. 72 of 2004 (Asgar Khan and another vs. Dina Nath Mishra and others ) by the MACT/ District Judge, Ballia whereby the claim petition has been rejected.
(3.) Learned counsel for the appellants has referred to the finding recorded by the Tribunal on issue no.1 and submits that the sole ground for deciding the issue against the claimants-appellants is that the claim petition was filed 10 years after the accident which occurred on 21.3.1994 resulting the death of Anwar Khan. According to learned counsel for the appellants, the provision of limitation for filing a claim petition under Section 166 of the Motor Vehicles Act has since been deleted and such matter was considered by the Supreme Court in the case of New India Assurance Co. Limited vs. C. Padma and another, 2003 AIR(SC) 4394;