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High CourtsSingle Bench(2025) 10 MP CK 1458

Kusum Bai And Others vs Jaipal Naik And Others

Madhya Pradesh High Court, Jabalpur Bench · Decided on 7 October 2025

HON’BLE JUDGES
Alok Awasthi, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Petition No. 5597 Of 2025

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Judgment

6 paragraphs · 371 words

Alok Awasthi, J

1.

The petitioner is challenging the order dated 24.07.2025 passed in MJC No.05/2024, whereby, the application filed by the claimants for condonation of delay in the claim have been rejected.

2.

Learned counsel for petitioner submits that the present petition may also be disposed off in terms of the order passed by this Court in similar petition in the case of Shriram General Insurance co. Ltd. Vs. Smt. Anjali & Ors. passed in MP No.2462/2024 dated 21.09.2024.

3.

It is argued that the provisions of Section 5 of the Limitation Act do not apply to the claim filed under section 166 of the Motor Vehicles Act, 1988. It is further argued that the issue relating to the applicability of the Limitation Act to the Motor Vehicles Act, is pending before the Apex Court. He has produced a copy of the order passed by the Apex Court in the case of Cholamandalam MS General Insurance Company Ltd. Vs. Shreelakshmi T and Ors. passed in Special Leave to Appeal (Civil) No.9152/2023 , whereby, the order passed by Kerala High Court condoning the delay under the Motor Vehicles Act has been stayed. He further relied on an order dated 17.09.2024 passed by the co-ordinate bench in the case of Cholamandalam General Insurance Co.Ltd. Vs. Pawan and Ors. passed in MP No.1630/2024, where the Co-ordinate Bench considering the fact of applicability of Limitation Act in MACT, pending before the Apex Court has disposed off the petition with a direction to the Tribunal to proceed with the case, but not to pass the final order till the disposal of the issue of limitation by the Apex Court.

4.

Considering the aforesaid submission that the issue relating to the applicability of the limitation act to the MACT is pending before the Apex Court for adjudication and the order passed by the co-ordinate bench in the case of Cholamandlam General Insurance Co. Ltd., (Supra), the present petition is also disposed off with a direction to the trial Court to proceed with the case but shall not pass the final order in the case till the disposal of the issue of limitation before the Apex Court.

5.

With the aforesaid, the present petition stands disposed off.