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Judgment
G. Satapathy, J.
This Writ Petition challenges the impugned order dated 15.07.2026 passed by learned 5th MACT, Khurda in MAC Misc. Case No.16 of 2023 disposing of the claim application of the Writ Petitioner for compensation by not entertaining it on the ground of limitation.
Although, an appeal would lie against the impugned order, but the Writ Petition has been filed by the petitioner to challenge such order, however, the impugned order being related to the claim for compensation for the injuries of the petitioner arising out of motor vehicular accident, this Court in the interest of justice considers and treats the Writ Petition as an Appeal. Since the claimant raises a fundamental question for dismissing his claim being barred by the law of limitation, which according to him not in conformity with the rulings of the Apex Court, the same is taken up at the threshold on admission.
Heard Mr. Prafulla Kumar Nayak, learned counsel for the petitioner and perused the record.
Admittedly, the claim application of the petitioner is disposed of essentially being barred by law of limitation, but the Apex Court vide order dated 04.11.2025 passed in Special Leave to Appeal (C) No(s).8412-8413/2023 has inter alia observed at paragraph no.5 thus:-
“5.It is made clear that during the pendency of these petitions, the tribunal or the High Courts shall not dismiss the claim petitions on the ground of such petitions as barred by limitation as prescribed under sub-Section (3) or Sec.166(3) of the Motor Vehicles Act, 1988”.
It is further found that the Apex Court subsequently on 17.02.2026 has passed the order in the aforesaid case that interim arrangement/orders made on 04.11.2025 shall continue until further order, but in this case, the learned Tribunal has proceeded to dispose of the claim of the petitioner in Misc. Case No.16 of 2023 which is contrary to the aforesaid order of the Apex Court and thereby, the impugned order is liable to be set aside and is, accordingly, set aside.
In the result, the present application being nomenclature as Writ Petition stands allowed and the impugned order dated 15.07.2026 passed by learned 5th MACT, Khurda in MAC Misc. Case No.16 of 2023 is hereby set aside. Consequently, the claim application of the petitioner stands restored to file and the learned Tribunal is requested to proceed in the matter in accordance with the law by duly following the Article of 141 of the Constitution of India.