Earlier a claim petition was filed for the death of one Basiram Barman who dies in an accident on 2.12,81 that claim application was filed before the Motor Accident Claim Tribunal at Dhubri. That petition was filed only by die wife Smti Phuleswari Barman, That petition was dismissed for default on 17.8.82. Thereafter this application was filed. Present application was filed on 27.3.89 before the Member, Motor Accident Claims Tribunal at Goalpara and that was registered as MAC Case No. 171 of 1989. An application for condonation of delay was also filed. At that point of time section 166 (3) was in force in the Motor Vehicles Act, 1988 and section 166 (3) provide a period of one year as limitation only for such an application. That section existed at that point of time. The Motor Accident Claims Tribunal rejected the application of the petitioner by the impugned order dated 15.3.91 holding it to be barred by limitation, the main grounds for rejecting mat application were (1) limitation (2) claim also must be deemed to be barred by principles fo res judicata. Hence this appeal.

2. I have heard Mr. DC Mahanta learned counsel for the appellant and Mr. J. Singh learned Advocate for the re

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