S.C. Pandey, J.

1. This revision under Section 115 of the Code of Civil Procedure is directed against the Order dated 16-11-95 passed by the Motor Accidents Claims Tribunal, Bhopal (henceforth the Tribunal) in Claim case No. 51/95. The Tribunal by the impugned order has declined to hold that the application under Section 166 of the Motor Vehicles Act, 1988 (henceforth the Act) was barred by time and consequently it has held that there was no question of condoning the delay in filing the application.

2. The facts of this case giving rise to this revision petition may be stated in short. The non-applicant No. 1 filed the application for compensation against the Non-applicant No. 3, the owner, the Non-applicant No. 2, the driver and the application claiming compensation for the death of Smt. Tulsibai on 20-9-91 under Section 166 of the Act. The application was filed on 8-3-1995, after a period of 3 years, 5 months and 16 days. At the time of filing of the application, Section 166(3) of the Act stood deleted by Motor Vehicles Amending Act, 1994 (the Act No. 54 of 1994) with effect from 14-11-1994. The Section 166(3) of the Act provided that the claim application before 'the Tribunal