Birendra Kumar, J.

Heard learned counsel for the parties under Order 41, Rule 11 of the Code of Civil Procedure.

2. This appeal has been preferred against dismissal of the claim petition by order dated 01.10.2012 passed by the 1st Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Saran at Chapra in Claim Case No. 30 of 2003.

3. Appellant No. 1 Ms. Gyatri Devi is wife and appellant no. 2 Bandana Kumari is daughter of Late Shyam Babu Soni. Shyam Babu Soni met with an accident on 07.01.1989 while he was going on a motorcycle as pillion rider and the offending truck bearing registration no. BRD 8483 dashed against the motorcycle causing instant death. The claim was preferred in the year, 2003.

4. The impugned order would reveal that the claim was dismissed as hopelessly barred by limitation and non-joinder of necessary party.

5. Submission of the learned counsel for the appellants is that when the claim petition was filed, the statutory provision of sub-section 3 of section 166 of the Motor Vehicles Act, 1988 prescribing period of limitation was already deleted, hence, no limitation was there on the date of application.

6. Learned counsel for the appellants has r