WPMS/3025/2025
2025 Latest Caselaw 5164 UK

Uttarakhand High Court

WPMS/3025/2025 on 31 October, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.3025 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. D.C.S. Rawat, learned counsel for the petitioner-Insurance Company.

2. Heard.

3. By means of the present writ petition, petition has put to challenge the order dated 13.03.2024 (Annexure No.3) and order dated 24.07.2025 (Annexure No.5) passed by learned Motor Accident Claims Tribunal/1st Addl. District Judge, Roorkee, District Haridwar in MACP No.14 of 2024 Kiran Vs. Ashok Kumar and Others, whereby, the said Court entertained the claim petition filed by the claimants even beyond six months' period.

4. It is submitted by learned Counsel for petitioner that after the amendment in the Motor Vehicles Act, 1988, a period of six months has been prescribed as limitation to file the claim petition before the Claims Tribunal, and there is no power vested with the Tribunal to condone the delay in filing the claim petition. It is further pointed out by learned Counsel for petitioner that the impugned order has been passed on 13.03.2024 relying upon a decision dated 01.06.2022 passed by the Kerala High Court Sathy & Others Vs. Dileep I.S & others, referring to the judgment rendered by Hon'ble Apex Court in the case of State of Punjab and others Vs. Bhajan Kaur and others 2008 (3) KHC 823, but the learned Claim Tribunal wrongly interpreted the judgment of Hon'ble Apex Court.

5. In such view of matter, issue notices to the respondents, returnable within six weeks.

6. Steps be taken within a week.

7. List on 30.12.2025.

8. However, proceedings of Motor Accidents Claim Petition No.14 of 2024 Kiran Vs. Ashok Kumar and Others, pending in the Court of learned Motor Accident Claims Tribunal/1st Addl. District Judge, Roorkee, District Haridwar, shall be subject to final outcome of the present writ petition.

9. Stay application (IA/1/2025) stands disposed of.

(Pankaj Purohit, J.) 31.10.2025 PN