1. On difference of opinion between Mufti AC. J & Kotwal J, this case has come up before me.

2. In a claims petition pending before the Motor Accidents Claims Tribunal, a preliminary objection was raised about the maintainability of the petition on the ground of limitation and an issue was framed and the learned Tribunal vide impugned order before the Division Bench entertained the claims petition by condoning the delay in filing the petition after time. The tribunal also held that the claim petitioner was prevented by sufficient cause for not filing the Claim petition within time. An appeal was filed against the said order dated 26-4-1977, when by the learned Tribunal entertained the petition for compensation, to this court. A preliminary objection was raised by the respondent who was the Claim petitionery objection was raised by the effect that the order dated 26-4-1977 was not an award within the meaning of section 110-B of the Motor Vehicle Act, therefore, the appeal was not competent.

3. The learned Judges constituting the Division Bench have differed in their opinion and have relied on a Full Bench decision of this court titled Mohammad Yusuf and ors. Vs. Abdul Rahman Gujri

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