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2026 Supreme(Online)(P&H) 1788

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD – Appellant
Versus
RAKESH KUMAR AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

363

1. Civil Revision No.5577 of 2025 Date of decision: February 3rd, 2026 The ICICI Lombard General Insurance Company Ltd.

.....Petitioner Versus Rakesh Kumar and others .....Respondents

2. Civil Revision No.6814 of 2025 Cholamandalam M/s General Insurance Co. Ltd.

.....Petitioner Versus Sarita and others .....Respondents

3. Civil Revision No.7098 of 2025 ICICI Lombard General Insurance Company .....Petitioner Versus Roshan Lal and another .....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Punit Jain, Mr. Saurabh Savara and Mr. Jatin Kumar, Advocates for the petitioners.

Ms. Manju Goyal, Advocate for respondent No.1 in CR-6814-2025.

VIKAS BAHL, J. (ORAL)

1. This order will dispose of three civil revisions i.e. CR-5577- 2025, CR-6814-2025 and CR-7098-2025, which arise from three different claim petitions, in which common issues of law and facts are involved. In all the said three cases, the plea of the Insurance Company is that the claim petitions should be dismissed being barred by limitation in view of the provision of Section 166(3) of the Motor Vehicles Act, 1988, as per which no claim can be filed after a period of six months from the date of the accident. It is not in dispute that the Hon’ble Supreme Court of India was seized of the matter and recently vide order dated 16.12.2025 passed in SLP (C) No(s).8412-8413-2023 and other connected matters, the Hon’ble Supreme Court has been pleased to observe as under: “The pendency of these matters would also not come in the way of claim petitions being adjudicated by the Tribunals except finalizing the judgments.

Let the matter be listed on 10.02.2026 at 2.00 p.m.”

2. Learned counsel for the petitioners has fairly submitted that in all the three cases, the Insurance Company has raised the plea of limitation in its application under Order VII Rule 11 CPC/written statement and has prayed that the present petitions be disposed of by directing the Tribunal to decide the said issue of limitation in accordance with the final judgment passed by the Hon’ble Supreme Court in the abovesaid case.

3. Learned counsel for respondent No.1 in CR-6814-2025 has no objection to the said course of action.

4. Keeping in view the abovesaid facts and circumstances, the present revision petitions are disposed of with the following observations/directions:

(i) In case a plea of limitation is raised by the petitioners during the course of trial, then the Tribunal is directed to decide the said issue of limitation as per the directions of the Hon’ble Supreme Court in the abovesaid case.

(ii) It would be open to the parties to move an application for revival of the present petitions in case any cause survives or in case there is any change of circumstances.

5. Photocopy of this order be placed on the file of each of the connected cases.

February 3rd, 2026 (VIKAS BAHL)

Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No

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