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2023 DAILYLAW 1077 (JK)

GURMEET KOUR v. MOTOR ACCIDENT CLAIMS TRIBUNAL AND ORS

MA/44/2023 · 2026-07-15

Rajnesh Oswal

Special Leave Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 151 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU MA No. 44/2023 Gurmeet Kour …. Petitioner(s) Through:- Mr. Jatan Singh Gill, Advocate. V/s Motor Accident Claims Tribunal & Ors. …..Respondent(s) Through:- Mr. Vishnu Gupta, Advocate. CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 15.07.2026 1. The appellant had filed the claim petition for grant of compensation against respondent Nos. 2 and 3 on account of injuries suffered by her in RTA that took place on 20.04.2022. 2. Learned Additional District Judge, Anti-Corruption, Jammu, Motor Accidental Clams Tribunal (for short “the Tribunal”) dismissed the claim petition on account of being time barred. The appellant has come up with this appeal in terms of order dated 20.09.2023. 3. Learned counsel for the appellant submits that the Hon’ble Supreme Court in “ICICI Lombard General Insurance Co. Ltd. v. Ayiti Navaneetha and Ors.” has directed the Tribunals as well as High Courts not to dismiss the claim petition on account of being time barred. 4. In view of above, the present appeal is allowed and the order impugned is set aside. The matter is remitted to the learned Tribunal for MA No. 44/2023 2 its disposal in accordance with law. Any order passed by the learned Tribunal shall remain subject to outcome of the decisions in SLP. 5. Record, if received in original, be sent back forthwith. (Rajnesh Oswal) Judge JAMMU 15.07.2026. NEHA-1 Neha Kumari 2026.07.16 10:48 I attest to the accuracy and integrity of this document