Shriram General Insurance Co. Ltd. vs Indra Jeet Kaur
2024 Latest Caselaw 21184 MP

Madhya Pradesh High Court

Shriram General Insurance Co. Ltd. vs Indra Jeet Kaur on 5 August, 2024

                                                      1                                 MP-3848-2024
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                               MP No. 3848 of 2024
                           (SHRIRAM GENERAL INSURANCE CO. LTD. Vs INDRA JEET KAUR AND OTHERS )



          Dated : 05-08-2024
                    Shri Aditya Narayan Sharma - Advocate for the petitioner.

                    Learned counsel for the petitioner submits that the claims Tribunal has
          wrongly passed the order dated 18.08.2023 Annexure P-1, whereby the delay
          caused in filing of the claim application has been condoned under Section 5
          of Limitation Act. Learned counsel further submits that as per Section 166(3)

          of the Amended Motor Vehicles Act, the provisions would not apply to
          proceedings under the said Act for compensation arising out of motor
          accident.
                    Learned counsel for the petitioner submits that the issue is already
          pending before Hon'ble Supreme Court in batch of petitions including SLP
          8412/2023. It is contended that earlier High Court Kerala has held that the
          provisions of Limitation Act would apply to the claim applications before the
          MACT but the said order has been challenged before the Hon'ble Supreme
          Court and the said issue is sub-judice in the aforesaid batch of SLPs.

                    Upon hearing learned counsel for the petitioner, it is observed that the
          High Court of Madras has considered the aspect of the judgment of Kerala
          High Court and also pendency of SLP and has held that looking to Section
          159 of the Motor Vehicles Act once the police report in accident case is
          forwarded to the tribunal, the same shall be treated as an application for
Signature Not Verified
          compensation and it is statutory duty of the police to send the report. The
Signed by: KRISHNA
SINGH
Signing time: 10-08-2024
2.01.53

PM 2 MP-3848-2024 aforesaid judgment has been reported in Malaravan Vs. Praveen Travels (P) Ltd. 2023, SCC OnLine Mad. 5467.

Learned counsel for the petitioner is granted time to argue on the aforesaid aspect.

The matter be listed in the week commencing 26.08.2024 along with C.R. No.360/2024.

(VIVEK JAIN) JUDGE

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