Jitu Ram vs Jogesh Yadav
2025 Latest Caselaw 6834 Jhar

Jharkhand High Court

Jitu Ram vs Jogesh Yadav on 13 November, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                              2025:JHHC:33977




IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Misc. Appeal No.211 of 2023
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1. Jitu Ram, son of Late Ghansi Ram

2. Dilo Devi, wife of Sri Jitu Ram

3. Suryapasl Ram, son of Sri Jitu Ram

4. Rambilas Ram, son of Sri Jitu Ram All residents of Village Bajra, P.O. & P.S. Palkot, District Gumla .... .... .... Appellants Versus

1. Jogesh Yadav, son of Heera Yadav, resident of 145 Ashokgarh, P.O. and P.S. Bara Nagar, District Kolkata (West Bengal)

2. Sarswati Jha, wife of Sri Amarnath Jha, resident of Jupetarpur, Ward No.28, Kharagpur, Rama Colony, P.O. & P.S. Kharagpur, District Pachim Medinipore (West Bengal), permanent resident of Ward No.27, Kharagpur, P.O. & P.S. Kharagpur, District Pachim Medinipore (West Bengal)

3. United India Insurance Company Ltd., Library Road BOT-TALA, Chawki, P.O. & P.S. Midnapore, District Pachim Midnapore (West Bengal) .... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. Yogendra Prasad, Advocate For the Respondent No.3 : Mr. Prashant Kumar, Advocate

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Order No.11 / Dated : 13.11.2025 Appellants are the claimants and are aggrieved by the judgment passed in Motor Accident Claim Case No.86/2022 dated 28.03.2023 whereby and whereunder the claim case has been dismissed by the learned Tribunal on the ground that the case was barred by limitation.

2. From the perusal of the impugned order, it appears that the accident took place on 02.06.2018 and the claim application was filed on 26.07.2022 and since there was a delay of 1335 days which was barred by the 2019 amendment, wherein the period of limitation of six months has only been allowed for preferring the claim application.

3. Heard both sides.

4. I find substance and merit in the argument advanced on behalf of the claimants that 2019 amendment will have no application since the accident took place on 02.06.2018. Earlier limitation of six months which was

2025:JHHC:33977

prescribed under Section 166 of the Motor Vehicle Act, was deleted w.e.f. 14.11.1994 and since the 2019 Act had not come into force, the limitation will not apply in the present case. Impugned order is set aside. The matter is remanded to the learned Tribunal to decide the matter afresh.

Miscellaneous Appeal is allowed. Pending Interlocutory Application, if any, is disposed of.

(Gautam Kumar Choudhary, J.) Anit

Uploaded 14.11.2025