HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Mac App No. 53/2025 Sant Ram and ors. …..Appellant(s)/Petitioner(s) Through: Mr. Manik Bhardwaj, Advocate vice Mr. Ranjeev Dubey, Advocate vs Bajaj Allianz Insurance Co. Ltd. Th. Its Branch Manager .…. Respondent(s) Through: Mr. Sunny Mahajan, Advocate (Th. V.C.) Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 29.06.2026 1. Heard learned counsel appearing for the parties. 2. In terms of order dated 27.01.2025 passed by learned Additional MACT (Additional District Judge) Udhampur, the claim petition preferred by the appellants came to be dismissed on account of being time barred in terms of Sub Section 3 to Section 166. 3. Learned counsel appearing for the parties are ad idem that the accident took place on 24.03.2022, whereas the new Sub Section 3 to Section 166 of the Motor Vehicles Act came into effect on 01.04.2022. Learned counsel for the appellants states that the Hon’ble Supreme Court has directed that no claim petition is to be dismissed on account of being time barred in view of the amendment made in the Motor Vehicles Act. 4. After having heard learned counsel for the parties and perusing the record, I find that the provision relied upon by learned Additional MACT (Additional District Judge) Udhampur for the purpose of dismissing the claim petition was not at all applicable in the instant Serial No. 26 2 Mac App No. 53/2025 case as the accident took place before the new Sub Section 3 to Section 166 of the Motor Vehicles Act came into effect. 5. Accordingly, the order dated 27.01.2025 passed by learned Additional MACT (Additional District Judge) Udhampur is set aside. The matter is remitted to the learned Tribunal for disposal in accordance with law. 6. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 29.06.2026 Neha-II NEHA KUMARI 2026.06.29 17:00 I attest to the accuracy and integrity of this document