S.B.I. General Insurance Company Limited Vs Ajay… — Motor Accident Claims | Chhattisgarh HC (2026)

S.B.I. General Insurance Company Limited Vs Ajay… — Motor Accident Claims | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Revision disposed of with directions: the Claims Tribunal to proceed with Claim Case No.49/2025 in accordance with law, but restrained from passing any final order until the Supreme Court finally adjudicates the limitation issue; either party may place subsequent Supreme Court pronouncements before the Tribunal; pending application(s) also disposed of.

Issue for consideration

Whether claim applications under Section 166 of the Motor Vehicles Act, 1988 filed after lapse of six months from the accident are barred by limitation — the applicability of the Limitation Act to such applications — an issue stated to be pending adjudication before the Supreme Court. +1 more

Court's answer

The Court found it explicit that the question whether Section 166 claim applications are hit by limitation is pending consideration before the Hon'ble Apex Court, and therefore declined to decide that issue.

Ratio / Principle

Instead of keeping the revision pending, the Court disposed of it without entering into the merits of the case, directing the concerned Claims Tribunal to proceed with the claim case in accordance with law.

Key takeaways

The Claims Tribunal shall not pass any final order in the claim case until the issue of limitation is finally adjudicated by the Hon'ble Apex Court in the afore-cited cases or other similar cases.ratio¶26
In the eventuality of any subsequent development or authoritative pronouncement by the Supreme Court on the limitation issue, it shall be open to either party to bring it to the notice of the Tribunal, which shall thereafter pass appropriate orders strictly in accordance with law and in consonance with such pronouncement.obiter¶27

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR (Naresh Kumar Chandravanshi, J.) — CR No. 199 of 2025, decided 08/05/2026. S.B.I. General Insurance Co. Ltd., as applicant, assailed by way of civil revision the registration by the Motor Accidents Claims Tribunal (FTC) Ambagarh Chowki (earlier MACT Rajnandgaon) of Claim Case No.49/2025 under Section 166, Motor Vehicles Act 1988 — arising from an accident of 27.08.2022, with the claim application (by respondent No.1/claimant Ajay Kumar Paikra) filed on 25.04.2024, i.e., after lapse of six months — the Tribunal having rejected the insurer's application under Order 7 Rule 11 CPC read with Section 3 of the Limitation Act. Observing that the applicability of the Limitation Act to Section 166 applications is pending before the Supreme Court — which, by order dated 04.11.2025 in ICICI Lombard General Insurance Co. Ltd. v. Ayiti Navaneetha (SLP(C) Nos. 8412–8413/2023 batch), directed that claim cases not be dismissed as barred by limitation under Section 166(3), with Bhagirathi Dash v. Union of India (W.P.(C) No. 166/2024) also pending — the High Court, without entering into the merits, disposed of the revision, directing the Tribunal to proceed in accordance with law but directing that no final order be passed until the Apex Court finally adjudicates the limitation issue; either party may bring subsequent Supreme Court pronouncements to the Tribunal's notice, which shall then pass orders in consonance therewith. Pending application(s) disposed of. Order marked NAFR.