Jammu and Kashmir High Court
MA/44/2023 of GURMEET KOUR Vs MOTOR ACCIDENT CLAIMS TRIBUNAL AND ORS on 15 July 2026
151 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU MA No. 44/2023 Gurmeet Kour …. Petitioner(s) Through:- Mr. Jatan Singh Gill, Advocate. V/s Motor Accident Claims Tribunal & Ors. …..Respondent(s) Through:- Mr. Vishnu Gupta, Advocate. CORAM : HON’BLE MR. JUSTICE
Sr. No. 151
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
MA No. 44/2023
Gurmeet Kour
…. Petitioner(s)
Through:-
Mr. Jatan Singh Gill, Advocate.
V/s
Motor Accident Claims Tribunal
& Ors.
…..Respondent(s)
Through:-
Mr. Vishnu Gupta, Advocate.
CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
15.07.2026
1. The appellant had filed the claim petition for grant of compensation against respondent Nos. 2 and 3 on account of injuries suffered by her in RTA that took place on 20.04.2022.
2. Learned Additional District Judge, Anti-Corruption, Jammu, Motor Accidental Clams Tribunal (for short “the Tribunal”) dismissed the claim petition on account of being time barred. The appellant has come up with this appeal in terms of order dated 20.09.2023.
3. Learned counsel for the appellant submits that the Hon’ble Supreme Court in “ICICI Lombard General Insurance Co. Ltd. v. Ayiti Navaneetha and Ors.” has directed the Tribunals as well as High Courts not to dismiss the claim petition on account of being time barred.
4. In view of above, the present appeal is allowed and the order impugned is set aside. The matter is remitted to the learned Tribunal for MA No. 44/2023
2
its disposal in accordance with law. Any order passed by the learned Tribunal shall remain subject to outcome of the decisions in SLP.
5. Record, if received in original, be sent back forthwith.
(Rajnesh Oswal) Judge
JAMMU 15.07.2026. NEHA-1
Neha Kumari 2026.07.16 10:48 I attest to the accuracy and integrity of this document