Icici Lombard General Insurance Co Ltd vs Suresh Prajapat on 5 March, 2026

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    Madhya Pradesh High Court

    Icici Lombard General Insurance Co Ltd vs Suresh Prajapat on 5 March, 2026

              NEUTRAL CITATION NO. 2026:MPHC-IND:7509
    
    
    
    
                                                                  1                                MP-7184-2025
                                  IN    THE      HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                             BEFORE
                                           HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
                                                         ON THE 5 th OF MARCH, 2026
                                                        MISC. PETITION No. 7184 of 2025
                                             ICICI LOMBARD GENERAL INSURANCE CO LTD
                                                               Versus
                                                    SURESH PRAJAPAT AND OTHERS
                               Appearance:
                                     Shri Kunal Jain, learned counsel for the petitioner / Insurance Company.
    
                                                                   ORDER
    

    The present petition has been filed by the Insurance Company under Article
    227
    of the Constitution of India, invoking the supervisory jurisdiction of this
    Court for quashing of the order dated 07.01.2025 passed by the Motor Accident
    Claims Tribunal, Dewas (M.P.), whereby the delay occurred in filing the claim
    petition in terms of Section 166(3) of the Motor Vehicles Act, 1988 was
    condoned.

    2. Short facts of the case are that the accident occurred on 08.05.2022
    resulting in grievous injuries to the claimant Suresh. After recovering from the
    injuries, the claimant returned to his place of posting at Nashik, Maharashtra,

    SPONSORED

    where he was deployed as personnel of the Indian Army. As no leave was
    sanctioned, he could neither come nor contact his counsel. Consequently, the
    claim petition could be filed only on 31.01.2023, i.e. after delay of eight months
    and twenty-three days.

    3. The Tribunal, while considering the application for condonation of delay
    i.e. I.A. No.01 of 2023, condoned the delay by applying the provisions of Section
    5
    of the Limitation Act vide the impugned order dated 07.01.2025. Being

    Signature Not Verified
    Signed by: ANUSHREE
    PANDEY
    Signing time: 24-03-2026
    10:13:03
    NEUTRAL CITATION NO. 2026:MPHC-IND:7509

    2 MP-7184-2025
    aggrieved by the same, the present petition has been filed by the Insurance
    Company.

    3.1 It is contended by the learned counsel for the petitioner that the
    provisions of sub-Section (3) of Section 166 of the Motor Vehicles Act are
    mandatory in nature and thus, the claim petition ought to have been filed within
    six months from the date of occurrence of the accident. It is further submitted that
    the language of sub-Section (3) clearly provides that no application for
    compensation shall be entertained unless it is filed within six months from the
    date of occurrence of the accident.

    3.2 It is submitted that sub-Section (3) was inserted by the legislature in
    Section 166 of the Motor Vehicles Act by the Motor Vehicle (Amendment) Act of
    2019 with effect from 01.04.2022.

    3.3 He submits that the plain and simple language of the newly added sub-
    Section (3) is mandatory in nature and that no discretion is left with the Tribunal
    for condoning the delay. He further submits that as the accident occurred on
    08.05.2022, the period of six months expired on 08.11.2022, whereas the claim
    petition was filed on 31.01.2023, resulting in delay of more than two months. It is
    contended that there is no provision in the Motor Vehicles Act for condonation of
    delay and the language does not provide any legislative intent to apply the
    provisions of Section 5 of the Limitation Act. Thus, the impugned order is not
    sustainable in the eyes of law.

    4. Heard learned counsel for the petitioner on the question of admission.

    5. The issue regarding limitation in terms of Section 166(3) of the Motor
    Vehicles Act is under consideration before the Hon’ble Apex Court in SLP (C)
    No.9152/2023, in which the Hon’ble Apex Court has passed the following order :

    Signature Not Verified
    Signed by: ANUSHREE
    PANDEY
    Signing time: 24-03-2026
    10:13:03

    NEUTRAL CITATION NO. 2026:MPHC-IND:7509

    3 MP-7184-2025
    “It is made clear that during the pendency of these petitions, the
    tribunal or the High Courts shall not dismiss the claim petitions
    on the ground of such petitions as barred by limitation as
    prescribed under sub-Section (3) or Section 16(3) of the
    Motor Vehicles Act, 1988.”

    6. In view of the above, in the considered view of this Court, as the matter
    is presently under consideration before the Hon’ble Apex Court, the issue of
    limitation cannot be decided by this court or even the tribunal finally. As such, the
    present petition is disposed of with direction to the Claims Tribunal to continue
    with the proceedings of the case. However, no final award shall be passed in the
    matter till the issue of limitation is decided by the Hon’ble Apex Court in the
    aforesaid SLP. The question of limitation shall remain open and will be subject to
    final decision of the Hon’ble Apex Court in the aforementioned SLP.

    7. With the aforesaid observations, the present Misc. Petition is disposed of.
    However, the parties are at liberty to approach this court by filing appropriate
    application before this Court, if the need so arises.

    Certified copy as per rules.

    (PAVAN KUMAR DWIVEDI)
    JUDGE

    Anushree

    Signature Not Verified
    Signed by: ANUSHREE
    PANDEY
    Signing time: 24-03-2026
    10:13:03



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