Delhi High Court

MAC.APP./593/2026 of ANITA DEVI AND ORS Vs SUNIL KUMAR AND ORS on 9 September 2026

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HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010426662026 + MAC.APP. 593/2026 & CM APPL. 61221/2026 CM APPL. 61222/2026 ANITA DEVI AND ORS .....Appellant Through: Mr. Pankaj Gupta, Adv. versus SUNIL KUMAR AND ORS .....Respondents Through: Mr. Sameer Nandwani, Mr. Aashirwaad, Advs. for

$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CNR No. DLHC010426662026

+

MAC.APP. 593/2026 & CM APPL. 61221/2026 CM APPL.

61222/2026

ANITA DEVI AND ORS

.....Appellant

Through:

Mr. Pankaj Gupta, Adv.

versus

SUNIL KUMAR AND ORS

.....Respondents

Through:

Mr.

Sameer

Nandwani,

Mr.

Aashirwaad, Advs. for Respondent

No. 3.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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09.09.2026

1. This appeal has been filed assailing the order dated 23rd September 2025 passed by the Motor Accident Claims Tribunal, South East, Saket Courts, New Delhi (‘MACT’) in MACT No.39/2024, dismissing the claim on the ground of limitation.

2. The Supreme Court has already passed directions to Tribunals and Courts not to dismiss matters on account of limitation under the Motor Vehicles Act, 1988.

3. It has been informed by counsel for the parties that the Supreme Court has been deliberating on this issue of limitation. Previously, an order had been passed in ICICI Lombard General Insurance Co. Ltd v Ayiti Navaneetha & Ors. by order dated 04th November 2025, directing that, during the pendency of the said petitions, the Tribunal or High Court shall not dismiss a claim petition on the ground that the same is barred by limitation. In view of the said direction, the issue of limitation cannot survive and, consequently, the objection raised by the petitioner on the ground of limitation cannot be sustained.

4. It is also informed that the Supreme Court in Bhagirathi Dash v. Union of India & Anr, Writ Petition (Civil) No. 166/2024, was hearing the batch of petitions and vide order dated 16th December 2025, passed the following directives: “The pendency of these matters would also not come in the way of claim petitions being adjudicated by the Tribunals except finalizing the judgments”

5. In view of the directives issued in Bhagirathi (supra), the matter is remanded to the MACT for adjudication. However, the final judgement in the claim petition shall await any further directions that may be passed by the Supreme Court on the issue of limitation.

6. The matter will be heard afresh by the MACT. Fresh steps will also be taken by the appellant for serving the respondents before the MACT.

7. Mr. Aashirwaad, Advocate, appears on behalf of respondent no.3/ Insurance Company and takes note of the same.

8. List before the MACT on 28th September 2026.

9. Copy of this order be sent to MACT for information and necessary compliance.

10. Petition stands disposed of. Pending applications are rendered infructuous.

11. Order be uploaded on the website of this Court.

ANISH DAYAL, J SEPTEMBER 9, 2026/ak/bp

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