M.Y. Eqbal, J. This appeal by the claimants-appellants is directed against the judgment and award dated 7.9.2005 passed by the Motor Accident Claims Tribunal, Chaibasa in Compensation Case No.32 of 2008 whereby he has dismissed the claim application on the ground of limitation.

2. The appellants filed an application for compensation on account of death of their brother in a motor accident which occurred on 10.2.1998. The deceased was aged about 10.2.1998 and was working as a daily-waged labourer. While coming from his work in the evening, he was dashed by a tractor which was coming in high speed. The Tribunal framed the following issues for consideration:

1) Is the suit maintainable in its present form?

2)Whether the claimants have proper cause of action to file the suit?

3)Whether the suit is barred by law of limitation, as it has been filed after more than three years of the alleged accident?

4)Whether the driver of the offending tractor was driving the tractor rashly and negligently which caused the accident?

5)Whether claimants are entitled for compensation and if they are then from whom and for what amount they are entitled?

6)Whether the claimants are entitled to an