1 2026:HHC:4979 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.71 of 2026 Date of Decision: 25.02.2026 National Insurance Company Limited …Petitioner Versus Akshay Kumar and Anr. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Jagdish Thakur, Advocate. For the Respondents : None. __________________________________________________________ Virender Singh, Judge (Oral) By way of the present petition, filed under Section 227 of the Constitution of India, the order passed by the learned Motor Accident Claims Tribunal, Palampur, District Kangra, H.P., (hereinafter referred to as ‘Tribunal’) has been assailed, by virtue of which, the learned Tribunal has allowed the application under Section 5 of the Limitation Act, filed by respondent-Akshay Kumar. 2. As per factual position involved in the present case, respondent No.1-Akshay Kumar had filed a petition under Section 166 of the Motor Vehicles Act, before the 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2026:HHC:4979 learned Tribunal. Since the said petition has been filed after the prescribed period of limitation, as such, respondent No.1-Akshay Kumar had moved an application under Section 5 of the Limitation Act, which was allowed by the learned Tribunal, vide order dated 23.08.2024. Since issue of applicability of the provisions of Limitation Act to the proceedings under Motor Vehicles Act is pending adjudication, before the Hon’ble Supreme Court of India, in Writ Petition (Civil) No.166 of 2024, titled as Bhagirathi Dash versus Union of India and another, as such, indulgence of this Court has been sought to direct the learned Tribunal not to finalize the said claim. 3. The Hon’ble Supreme Court of India in Writ Petition (Civil) No.166 of 2024 (supra), has passed the following order, on 16.12.2025:- “The pendency of these matters would also not come in the way of claim petitions being adjudicated by the Tribunals except finalizing the judgments”. 4. In view of the aforesaid order, the present petition is disposed of by requesting the learned Tribunal not to pronounce the final judgment in the present case, till 3 2026:HHC:4979 the decision of the matter pending before the Hon’ble Supreme Court of India. 5. The present petition stands disposed of, so also the pending application(s), if any. (Virender Singh) Judge February 25, 2026 (subhash)