HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Mac App No. 85/2025 Date of pronouncement: 22.12.2025 Date of uploading: Vachaspati Sharma S/o Sh. Jagan Nath Age-75 years r/o W. No. 2, Indira Nagar, Tehsil and Distt. Udhampur. .....Applicant(s)/Petitioner(s) Through :- Mr. Dinkar Gupta, Advocate v/s 1. Sewa Singh S/o Sh. Inder Singh R/o Village Dehrian Distt. Jammu 181203 (Owner and Direcer of Motor Cycle bearing registration no. JK02CN-2045 2. Go Digit General Insurance Company Ltd. Regd. Office 1 to 6 Floors, Ananta One 9AR One, Pride Hotel Lane Narveer Tanaji Wadi, City Survey No. 1579, Shivaji Nagar, Pune-411005 Maharashtra. .....Respondent(s) Through :- Mr. Ravinder Gupta, AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 22.12.2025 1. This appeal, under Section 173 of Motor Vehicle Act, is preferred by the appellant thereby challenging order dated 19.04.2025, passed by the Presiding Officer Motor Accident Claims Tribunal, (Principal District Judge), Udhampur in case titled “Vachaspati Sharma vs. Sewa Singh and Others”, whereby the claim petition of the appellant has been dismissed as being time barred. Sr. No. 47 2 2. Learned counsel for the appellant has relied upon an order passed by the Supreme Court on 04.11.2025 in case titled “ICICI Lombard General Insurance Co. Ltd. vs. Ayiti Navaneetha and Ors.”. The relevant extract of the order (supra) is set out below: - i. It is made clear that learned counsel appearing for the parties are at liberty to file written synopsis, not exceeding five pages, within two weeks from today and each of the counsel would be permitted to address the oral arguments not exceeding half-an- hour. ii. 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. 3. From above, it becomes quite clear that, in terms of the order (supra), the claim petition of the appellant has not to be dismissed on the ground of being barred by limitation as prescribed under Section 166(3) of the Motor Vehicles Act, 1988. A copy of the order passed by the Supreme Court dated 04.11.2025 is taken on record. 4. In view of the submission made by learned counsel for the appellant and order passed by the Supreme Court (supra), order passed by the Presiding Officer Motor Accident Claims Tribunal, (Principal District Judge) Udhampur in case titled “Vachaspati Sharma vs. Sewa Singh and Others” is set aside. The Presiding Officer Motor Accident Claims 3 Tribunal, (Principal District Judge), Udhampur is directed to consider the claim of the appellant on merits. 5. Disposed of. (Moksha Khajuria Kazmi) Judge JAMMU 22.12.2025 Manik