Tribunals and High Courts must defer dismissing claim petitions on the ground of limitation under S. 166(3) of the Motor Vehicles Act, 1988, pending definitive Supreme Court adjudication on the matter.

O R D E R

CM APPL. 1606/2026 (delay)

1. This application seeks condonation of delay of 353 days’ in filing the appeal.

2. Issue notice.

3. Counsel for respondent no.3 accepts notice who shall file response before the next date of hearing with copy to the opposite counsel.

MAC.APP. 19/2026

1. This appeal assails order dated 9th October 2024 passed by Presiding Officer, MACT, South - West, Dwarka Courts, Delhi, dismissing MACT No. 477/2024 of the claimants on the ground of limitation, basis the provision under Section 166 (3) of the Motor Vehicles Act, 1988 (‘MV Act’).

2. Mr. Prashar, Advocate appearing for appellants, states that in a batch of petitions, with lead petition being MAC APP. 270/2024 Yogesh Kumar & Ors. v. ASI Vedpal & Ors. this issue has been agitated by various claimants, and is listed before this Court on 24th February 2026.

3. He further informs that in some petitions before the Supreme Court, this issue has further been agitated through Special Leave Petitions (‘SLP’) and draws attention of this Court to order passed by the Supreme Court in ICICI Lombard General Insurance Co. Ltd. V. Ayiti Navaneetha & Ors. SLP 8412-8413/2023 dated 4th November 2025, where the Supreme Court has stated as under:

“2. This Court has been informed that there are number of petitions across the country filed on the same issue, and any finding recorded by this Court would have bearing on the pending petitions. In that view of the matter, the hearing of these matters requires to be expedited.

3. Pleadings shall be completed, if not already completed, within two weeks from today, failure to do so would result in such those parties losing their right to file pleadings.

4. It is made clear that learned counsel appearing for the parties are at liberty to file written synopsis, not exceeding five pages, within two weeks from today and each of the counsel would be permitted to address the oral arguments not exceeding half-an-hour.

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 Section 16(3) of the Motor Vehicles Act, 1988.”

4. It is informed that the SLP is now listed before the Supreme Court on 10th February 2026.

5. Issue notice.

6. Counsel for respondent no.3/Insurance Company accepts notice.

7. There is no requirement for issuing notice to respondent nos. 1 and 2 at this stage.

8. List this petition along with batch matters on 24th February 2026.

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