Madras High Court
Sbi General Insurance Company Ltd vs Jeyakumar on 7 November, 2025
2025:MHC:2600
C.R.P.No.5439 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.5439 of 2025
and C.M.P.No.27332 of 2025
SBI General Insurance Company Ltd.,
Mumbai, Having Office at 9th floor,
A&B Wing, Felerum Business Centre,
Sahar Road, Ashok Nagar,
Anderi (East), Mumbai – 400 799
Ashok Raj, S/o.Krishnaraj
Working as Legal Executive at
SBI General Insurance Company Ltd.,
3rd Floor, 3A Good shepherd Square,
Kodambakkam High Road, Chennai. ... Petitioner
vs.
1.Jeyakumar
2.Ramesh
3.Mohammed Valeeth ... Respondents
1/6
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C.R.P.No.5439 of 2025
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution
of India, to set aside the order dated 09.06.2025 passed in I.A.No.3 of 2025
in M.C.O.P.No.63 of 2024 on the file of Subordinate Judge, Karaikal.
For Petitioner : Mr.P.Suresh Srinivasan
ORDER
The Civil Revision Petition is filed challenging the order passed by
the Motor Accident Claims Tribunal dismissing the application filed by the
petitioner/insurance company seeking dismissal of the claim petition on the
ground of limitation.
2. The 1st respondent herein filed a claim petition before the Motor
Accident Claims Tribunal seeking compensation for the injuries suffered by
him in a road accident. Admittedly, the accident had taken place on
25.04.2023 and the claim petition was laid on 06.06.2024.
3. The learned counsel appearing for the petitioner/insurance company
submits that as per amended provisions of the Motor Vehicles
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(Amendment) Act, 2019, under Section 166 (3), no application for claiming
compensation shall be entertained, if the application is presented beyond the
period of six months and hence, the Tribunal committed an error in
entertaining the application, which was filed beyond the period of limitation
prescribed under the Motor Vehicles (Amendment) Act, 2019.
4. The Tribunal relied on the judgment of this Court rendered in
Malaravan vs. Praveen Travels Private Limited (C.R.P.No.2558 of 2023,
dated 18.08.2023) reported in (2023) 5 MLJ 57 and dismissed the
interlocutory application filed by the Insurance Company.
5. In Malaravan case cited supra, while considering the question of
limitation, this Court observed as follows:-
“27.The Parliament in its wisdom has ensured that the
hapless victims of motor accidents need not depend upon
stakeholders in Court for the purpose of initiation of
proceedings. The proceeding itself is initiated on the basis of
the report filed by the Police Authorities. In effect, the petition
under Section 166 is only a reminder to the Court that the
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police have already filed the Detailed Accident Report
containing all the requisite details like the First Information
Report, Interim Accident Report, First Accident Report and
therefore, it has to take up the said report as a claim petition.
In other words, the claim petition is only a reminder to the
Motor Accidents Claims Tribunal to perform its duty under
Rule 21 Annexure XIII of Central Motor Vehicles Rules and to
process the claim petition.
28. In view of the above discussion, it is clear that in
cases where any request is filed and accessible by the Tribunal,
then there will be no question of six months limitation arising.
The issue of six months limitation will arise only in case where
no FIR has been registered by the Police and no report has
been sent/uploaded.”
6. In the case on hand, the accident had occurred on 25.04.2023 and
the FIR was registered on the very same date. In such circumstances, as per
the law laid down by this Court in the above mentioned case law, the claim
petition cannot be treated as time barred. The learned Tribunal rightly
appreciating the law laid down by this Court in the above mentioned case
law and dismissed the interlocutory application filed by the
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petitioner/Insurance Company, I do not find any material irregularity or
illegality in the order passed by the Subordinate Judge/Motor Accident
Claims Tribunal, Karaikal, in I.A.No.3 of 2025 in M.C.O.P.No.63 of 2024,
dated 09.06.2025.
7. Accordingly, the Civil Revision Petition is dismissed. No costs.
Consequently, the connected civil miscellaneous petition is closed.
07.11.2025
Index : Yes
Speaking order : Yes
Neutral Citation : Yes
dm
To
The Subordinate Judge,
Karaikal.
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S.SOUNTHAR, J.
dm
07.11.2025
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