SMT BISHAN WATI AND OTHERS v. MANISH GUPTA AND OTHERS
FAO/6109/2024 · 2025-09-26
Deepak Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108329 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108329 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 109 FAO-6109-2024 (O&M) Date of Decision:26.09.2025 Smt. Bishan Wa/ and Others
…..Appellants Vs. Manish Gupta and Others
.….Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Talim Hussain, Advocate for the appellants. Mr. Nigam K. Bhardwaj, Advocate for respondent No.3- ICICI Lombard General Insurance Co. Ltd. **** DEEPAK GUPTA, J. (ORAL) It is claimant’s appeal against dismissal of their claim pe**on filed under Sec*on 166 of the Motor Vehicle Act by way of award dated 01.10.2024 of learned Tribunal.
2. The accident had taken place on 11.04.2022, resul*ng in the death of Lakhmi Chand, due to rash and negligent driving of vehicle No.HR- 38U-3729. Legal representa*ves of the deceased filed the claim pe**on on 12.11.2022 for seeking compensa*on. The claim pe**on was thus filed beyond the period of 06 months from date of accident, though Sec*on 166(3) of Motor Vehicle Act provides a period of six months for bringing the claim pe**on.
3. It is because of the aforesaid reason that claim pe**on has been dismissed by learned Tribunal.
NEETIKA TUTEJA 2025.09.26 17:12 I attest to the accuracy and integrity of this document
FAO-6109-2024 (O&M) -2-
4.
Learned counsel submits that issue rela*ng to condona*on of delay is pending before Hon’ble Supreme Court.
5. However it is not disputed by learned counsel for the appellants that in the present case, no applica*on under Sec*on 5 of the Limita*on Act was moved before the Tribunal for condona*on of delay.
6. In view of the aforesaid facts and circumstances, simply because issue is pending before Hon’ble Supreme Court, this Court does not find any ground to entertain the present appeal.
7.
Disposed of, as such.
8. However liberty is granted to the appellants to get this appeal revived in case, the issue of limita*on is decided by Hon’ble Supreme Court in their favour.
(DEEPAK GUPTA) JUDGE September 26, 2025 Nee*ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.26 17:12 I attest to the accuracy and integrity of this document