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2025 Supreme(Online)(Tel) 60494

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
M/s. Shriram General Insurance Company Limited – Appellant
Versus
Ganta @ Sarva Jyothi – Respondent
CRP 3862/2025



HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.3862 of 2025 DATE OF ORDER: 11.12.2025 BETWEEN:

M/s.Shriram General Insurance Company Limited … Petitioner AND Ganta @ Sarva Jyothi and 4 others.

… Respondents : ORDER :

This Civil Revision Petition is filed assailing the order dated

02.07.2025 passed in IA.No.126 of 2025 in MVOP.No.12 of 2023 by the MACT-cum-Prl.District Judge, Peddapalli, (herein after referred to as ‘Tribunal’) wherein and whereby the application filed by the petitioner herein under Order VII Rule 11(d) read with Section 151 of CPC, was dismissed.

2. Heard Sri G.Raj Kumar, learned counsel for the petitioner.

3. Since no adverse orders are being passed against the respondents, notice to the respondents dispensed with and the revision is being disposed of at the admission stage.

4. Learned counsel for the petitioner would submit that respondent Nos.1 to 3 have filed MVOP No.12 of 2023 against respondent Nos.4, 5 and the petitioner herein under Section 166(1)(c) of the Motor Vehicles Act, 1988, seeking compensation on account of death of one Ganta Narsiah who expired on 08.01.2023 in a motor vehicle accident. He further submits that, consequent to the amendment of Motor Vehicle Act which came into force from 01.04.2022, a claim petition must be filed within a period of six months from the date of accident. However as per the information available on the e-Courts website, the claim petition was filed on 28.08.2023, which is beyond six months. Therefore, the petitioner has filed IA.No.126/2025 seeking rejection of claim petition under Order VII Rule-11 of CPC.

5. The Tribunal vide impugned order dated 02.07.2025, dismissed the application with an observation that the claim petition was originally filed on 20.06.2023, which is within the period of six months and that the claim petition had been returned by the Office with certain objections and the same was re-submitted by the claimants on 19.07.2023 and was ultimately numbered on 10.08.2023. Therefore, the Tribunal held that the claim petition filed by the claimants is within the period of limitation.

6. The sole contention of the petitioner is that the MACT-cum- Prl.District Judge Court erroneously dismissed the application filed by the petitioner without taking into consideration the date of filing mentioned on the e-Courts website, as per which the claim petition was filed on 28.08.2023 and thus clearly beyond the period of limitation.

7. Since the observation made by the Tribunal with regard to date of institution is in variance with the date of institution mentioned in the e-Courts web site, this Court called for report from the Tribunal. Learned Tribunal submitted report dated 04.12.2025 clarifying that the MVOP 12/2023 was originally filed on 20.06.2023 but not on 28.08.2023; and that as on the date of filing of the MVOP, e-filing facility was not available and the said facility was made available after numbering of the MVOP, and therefore date of filing was mentioned as 28.08.2023, by default.

8. Except the ground of limitation, no other ground was raised by learned counsel for the petitioner for rejection of claim petition. 9. Considering the report submitted by learned MACT-cum- Prl.District Judge Court, Peddapalli, it is clear that MVOP was filed on 20.06.2023 which is within the period of limitation i.e. six months from the date of accident, and as such the CRP is devoid of any merit and thus liable to be dismissed.

10. Accordingly, the Civil Revision Petition is dismissed. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 11.12.2025 tk THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.3862 of 2025 Dt.11.12.2025 tk

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