JUDGMENT

DESAI, J. :— Special leave to appeal granted.

2. We heard learned counsel Mr. O. P. Verma for the appellant, learned counsel Mr. J. P. Goyal for respondent No. 1 and learned counsel Mr. J. L. Nain for respondent No. 2. The only point involved in this appeal at this stage is that the present appellant who had preferred an appeal against an award made by Motor Accidents Claims Tribunal was dismissed by the High Court on the short ground that it was barred by limitation, after rejecting the application for condoning the delay in preferring the appeal.

3. The Award was made by II Additional Motor Accidents Claims Tribunal, Meerut on 31-3-1977. Appellant was the owner of the truck involved in the accident in which respondent No. 1 was injured. Respondent No. 1 preferred 1st Appeal No. 266 of 1977 against the aforementioned award. Respondent No. 2, insurer, preferred 1st Appeal No. 248 of 1977 against the same award. We are informed that both these appeals are pending in the High Court.

4. The present appellant preferred an appeal against the same award. The appeal of the present appellant has been dismissed on the ground that it is barred by limitation. This conclusion was recorde