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2024 DAILYLAW 3360 (DEL)

SH SATISH KUMAR SHARMA & ANR. v. SH ADESH KUMAR & ORS.

MAC.APP./352/2024 · 2026-08-05

Anish Dayal

Special Leave Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~33 to 35 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010408582024 + MAC.APP. 352/2024 SH SATISH KUMAR SHARMA & ANR. .....Appellant Through: Mr. S.N. Parashar, Adv with Mr. Ritik Singh, Mr. Palwinder Singh. Mr. S.W. Nomani, Advs. versus SH ADESH KUMAR & ORS. .....Respondent Through: # CNR No. DLHC010426352024 + MAC.APP. 368/2024& CM APPL. 41012/2024 SH SATISH KUMAR SHARMA .....Appellant Through: Mr. S.N. Parashar, Adv with Mr. Ritik Singh, Mr. Palwinder Singh. Mr. S.W. Nomani, Advs. versus SH ADESH KUMAR & ORS. .....Respondent Through: # CNR No. DLHC010426372024 + MAC.APP. 370/2024&CM APPL. 41092/2024 SH SATISH KUMAR SHARMA .....Appellant Through: Mr. S.N. Parashar, Adv with Mr. Ritik Singh, Mr. Palwinder Singh. Mr. S.W. Nomani, Advs. versus SH ADESH KUMAR & ORS. .....Respondent Through: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/08/2026 at 11:46:15 CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 05.08.2026 1. These appeals have been filed assailing order dated 08th April 2024 passed Motor Accident Claims Tribunal (‘MACT/Tribunal’) Rohini Courts, in MACP No. 64/2024, whereby the claim petition was dismissed on ground that it was beyond the limitation period prescribed under Section 166(3) of the Motor Vehicles Act, 1988. 2. The issue of limitation is pending determination before the Supreme Court, and certain interim directions have been passed in this regard in ICICI Lombard General Insurance Co. Ltd. v. Ayiti Navaneetha & Ors., SLP (C) No(s). 8412-8413/2023, on 04th November 2025, wherein the Supreme Court has categorically stated as under: “5. 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 166(3) of the Motor Vehicles Act, 1988.” 3. In view of the aforesaid direction, the dismissal of the claim petition cannot be sustained. 4. Accordingly, the appeal is allowed. 5. The matter is remanded back to the MACT for consideration on merits. 6. These appeals stand disposed of in the above terms. 7. List before the MACT on 24th August 2026. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/08/2026 at 11:46:15 8. Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 5, 2026/RK/zb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/08/2026 at 11:46:15