FESSAL IQBAL TH.MOHD IQBAL v. BAJAJ ALLIANZ INSURANCE CO. LTD. AND OTHER
RFA/26/2024 · 2026-09-14
Moksha Khajuria Kazmi
Special Leave Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 958 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 958 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RFA No. 26/2024
Fessal Iqbal .....Applicant(s)/Petitioner(s)
Through :- Mr. Vipan Sharma, Advocate
v/s Bajaj Allianz Insurance Co. Ltd and others .....Respondent(s)
Through :- Mr. Baldev Singh, Advocate
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 14.09.2026
1. The appellant had filed the claim petition for grant of compensation against respondent No. 1 & 2 on account of injuries suffered by him in RTA that took place on 16.05.2022.
2. Learned Additional District Judge, Anti-corruption, Jammu Motor Accidental Claims Tribunal (for Short “the Tribunal) dismissed the claim petition on account of being by time barred. The appellant has come up with this appeal in terms of order dated 14.03.2024.
3. Learned counsel for the appellant submits that the Hon’ble Supreme Court in “ICICI Lombard General Insurance Co. Ltd. vs. Ayiti Navaneetha and others” 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 the above, the present appeal is allowed and the order impugned is set aside. The matter is remitted to the learned Tribunal for Sr. No. 62
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RFA No. 26/2024
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.
(Moksha Khajuria Kazmi) Judge
JAMMU 14.09.2026 Rahul Sharma