SHRIRAM GENERAL INSURANCE COMPANY LTD v. SANTOSH AND OTHERS
CR/6228/2026 · 2026-09-03
Deepak Gupta
Special Leave Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 38106 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38106 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CR-6228-2026 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-6228-2026 Date of decision: 03.09.2026 Shriram General Insurance Company Ltd. ...Pe''oner Versus Santosh and others ...Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Punit Jain, Advocate for the pe''oner. **** DEEPAK GUPTA, J. (ORAL) A claim pe''on under Sec'on 166 of the Motor Vehicles Act was filed by respondents No.1 and 2 herein seeking enhancement from the driver, owner and insurer of the offending vehicle.
2. The insurance company moved an applica'on under Order 7 Rule 11 CPC for rejec'ng the claim pe''on on the ground that the same was barred by limita'on.
3. Learned Tribunal by way of the impugned order dated 23.12.2025, dismissed the said applica'on by relying upon ICICI Lombard General Insurance Co. Ltd. vs. Ayi Navaneetha and others, bearing SLP (Civil) No.8412-8413/2023, decided on 04.11.2025.
4. By way of the aforesaid order dated 04.11.2025, Hon’ble Supreme Court, which is seized of the maCer rela'ng to the limita'on in such like cases, directed as under:-
“It is made clear that during the pendency of these peons, the tribunal or the High Courts shall not dismiss the claim peons on the ground of such peons as barred by limitaon. as prescribed under sub-Secon (3) or Secon 166(3) of the Motor Vehicles Act, 1988.”
5.
Learned counsel for the pe''oner – Insurance Company while assailing the aforesaid order submits that order dated 04.11.2025 of Hon’ble YOGESH MEHTA 2026.09.03 15:39 I attest to the accuracy and integrity of this document
CR-6228-2026 [2] Supreme Court was later on reviewed and fresh order dated 16.12.2025 was passed, copy of which is Annexure P-6. Annexure P-6 reads as under:-
“The pendency of these ma(ers would also not come in the way of claim peons being adjudicated by the Tribunals except finalizing the judgments.”
6.
Learned counsel submits that in view of the aforesaid order passed by Hon’ble Supreme Court, though Tribunal may con'nue with the proceedings, but should be directed not to finalize the judgment.
7. The aforesaid conten'on contains merit in view of the order dated 16.12.2025 passed by Hon’ble Supreme Court.
8. Consequently, without issuing any no'ce to the respondent lest it may unnecessarily delay the proceedings, the present pe''on is hereby
disposed of by modifying the impugned order dated 23.12.2025 and by direc'ng the Tribunal that though it may con'nue with the proceedings of the claim pe''on, but will not pass the final order 'll further direc'ons by Hon’ble Supreme Court.
9.
Disposed of. 03.09.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.09.03 15:39 I attest to the accuracy and integrity of this document