Mansoor Ahmad Mir, J.

CMP (M) No. 1430 of 2016 in FAOST No. 20327 of 2016

1. Learned Counsel for the insurer-United India Insurance Company argued that the limitation petition be dismissed for the reason that the driver has not questioned the award dated 15th January, 2008, made by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, Himachal Pradesh, for short ‘the Tribunal’, in M.A.C. No. 164-S/2 of 2005/2004, titled Smt. Pushpa Devi & others versus The United Insurance Company & others, for short ‘the impugned award’ during his life time, on any count and now his legal representatives cannot question the same and the appellants have not explained the delay of 8 years, which has crept-in in filing the appeal.

2. The argument of the learned Counsel is devoid of any force for the reason that the claimants have already preferred an appeal before this Court within time, which was diarized as FAO No. 208 of 2008, whereby they have sought for enhancement of compensation.

3. The claimants have invoked the jurisdiction of this Court in terms of the mandate of Section 173 of the Motor Vehicles Act, 1988 (for short “the MV Act”), which provides for remedy of appeal. The Appe