MOHD AMIN AND ANOTHER v. NEW INDIA ASSURANCE CO. LTD., NEW DELHI AND OTHERS
Mac App/13/2026 · 2026-07-21
Sanjay Parihar
Special Leave Petitionbody2026
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[ 2026 DAILYLAW 1897 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 1897 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Mac App No. 13/2026 CM No. 1518/2026
Mohd. Amin and another
…..Appellant(s)/Petitioner(s)
Through: Mr. Rupak Ratta, Advocate
vs
New India Assurance Co. Ltd., New Delhi and others .…. Respondent(s)
Through: Mr. Amrit Sarin, Advocate
CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 21.07.2026
1. The appellants had filed the claim petition for grant of compensation against the respondents on account of death of son of the appellants in RTA that took place on 06.10.2022.
2. Learned Presiding Officer, MACT, Poonch (Additional District & Sessions Judge, Poonch), (for short “the Tribunal”) dismissed the claim petition on account of being time barred. The appellants have come up with this appeal in terms of order dated 02.07.2025.
3.
Learned counsel for the appellants submits that the Hon’ble Supreme Court in “ICICI Lombard General Insurance Co. Ltd. Vs. Ayiti Navaneetha and Ors.” 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 above, the present appeal is allowed and the order impugned is set aside. The matter is remitted to the learned Tribunal for its disposal in accordance with law, where the parties shall appear on 04.08.2026. Any Serial No. 35
2 Mac App No. 13/2026 CM No. 1518/2026
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.
(Sanjay Parihar)
Judge
Jammu 21.07.2026 Diksha