JUDGMENT

UNTWALIA ,J.:—This is an appeal by certificate of fitness granted by the Allahabad High Court. The question of law which falls for determination in this appeal is whether an application for compensation filed Under Section l10A of the Motor Vehicles Act, 1939 (for brevity, the Act), arising out of an accident which occurred more than 60 days before the constitution of the Motor Accidents Claims Tribunal under Section l10 could be entertained by the Tribunal or the remedy of the aggrieved person was to institute a civil suit.

2. On the ll th Sept, 1966 occurred an accident in which Shri Amar Nath Misra, husband of respondent No. 1 and father of respondents 2 and 3 met his death due to collision between his motor-cycle and a truck owned by appellant No. 2 and insured with appellant No, 1. A cause of action accrued to the respondents 1,2 and 3 (hereinafter called the respondents) to claim compensation as legal representatives of the deceased under the Indian Fatal Accidents Act, 1855. A Suit could be brought under Article 82 of the Limitation Act, 1963 Within two years of the occurrence of the accident. But in the meantime the Government of Uttar Pradesh constituted the Claims