SAUMITRA DAYAL SINGH,J. - (1.) This appeal has been filed by the insurer against the award dated 31.05.2002 passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act), Allahabad in Claim Petitioner No. 581 of 1999.
(2.) It is a death case. The solitary ground raised in the present appeal is while according to the claimants the accident involving the death of Madan Mohan Singh occurred on 23.09.1991, the claim petition was filed with a delay of almost 8 years. However no explanation whatsoever was furnished for inordinate delay of 8 years. Neither any disclosure was made as to the cause of delay in filing the claim petition nor did the claimants state anything in that regard during oral evidence.
(3.) On the other hand, the present appellant had filed its written statement and at the very outset, in paragraph 6 thereof opposed the claim petition by stating, the same was highly belated and had been filed upon collusion between the owner of the vehicle and the claimants.;