JUDGMENT

M.C. Garg, J.:-

The appellant is aggrieved of the order passed by the Motor Accident Claims Tribunal, Rewa, who has been pleased to dismiss the claim petition as filed by the appellants on the ground of res judicata and also on the ground that it was barred by limitation.

2. This Court while admitting the appeal framed following substantial question of law for deciding this appeal i.e.: -

1. “Whether the learned Commissioner under Workmen's Compensation Act committed substantial error of law in holding that the order passed by Motor Accident Claims Tribunal holding the application filed under section 166 of the Motor Vehicles Act to be not maintainable amounts to res judicata?

2. Whether in view of section 14 of the Indian Limitation Act, the claim petition filed under Workmen's Compensation Act can be said to be barred by limitation? If so, whether the delay in view of section 10 of Workmen's Compensation Act is liable to be condoned.

3. Whether the claim petition filed under Workmen's Compensation Act could be dismissed when the Commissioner has come to the conclusion that the accident has occurred arising out of and during the course of employment?

4. Whether the claim petitio