Gurusharan Sharma, J.

1. In a motor vehicle accident dated 8.12.1990, one Ranjit Kumar a police affected son of the sole respondent, Ramesh Prasad dashed and crushed by a tracker (CHK 2868) belonging to the appellants. Ranjit Kumar died in course of treatment.

2. The Motor Vehicle Claim Case No. 15 of 1991 was filed by father of the deceased, within statutory period, as provided under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"). However, a petition under Sec. 140 of the Act was filed on 16.12.1993 i.e., much after the expiry of the period of limitation, as provided under Sec. 166 (3) of the Act.

3. By the impugned order and award the tribunal on the said petition asked the appellants-owner of the vehicle involved in the accident in question to pay a sum of Rs. 25,000.00 to the claimants by way of interim compensation.

4. In Oriental Insurance Company Ltd. V/s. Mohiuddin Kureshi @ Md. Moya and Ors. (1994) 1 PLJR 79, a Division Bench of this Court held that even for the purpose of filing an application under Sec. 140 of the Act, period of limitation provided for under Sec. 166 of the Act was applicable.

5. In the present case, it is not in