Arvind Kumar Tripathi (II), J.—

1. Heard learned counsel for the parties. This is an appeal under Section 173 of the Motor Vehicle Act preferred against the impugned award dated 11.5.2004 passed by Motor Accident Claim Tribunal, Faizabad in Claim Petition No. 100 of 2001.

2. In brief, on 26.7.1991, at 2.00 p.m., when deceased Kumari Seema, aged about 10 years, was moving keeping left side of the Faizabad-Allahabad Road, a Jeep bearing No. URP 4658, which was driven by Mohd. Kalim rashly and negligently, dashed with the deceased Kumari Seems, causing her death on the spot. The Tribunal framed relevant issues with regard to injuries, policy, accident in question, limitation, driving licence etc. After providing due opportunity to both sides, the tribunal had recorded a finding that accident in question occurred on account of rash and negligent driving of the Jeep in question and had held that the claim petition was not barred by limitation and awarded compensation to the tune of Rs. 1,50,000/-.

3. Shri Anil Srivastava, learned counsel for the appellant has raised two fold arguments:-

(1) Appeal is barred by limitation on account of fact that relevant portion from Section 166 Motor Vehicl

Click Here to Read the rest of this document