ashish (legal adviser) 16 September 2021

Limitation for filing claim unders section 166 mv act

Sir
Raising important issue here. There is a confusion regarding the Gazette Notification of Motor Vehicles ( Amendment Act) 2019. Few of us have been facing the issue that whether all the Sections of Motor Vehicles ( Amendment Act) 2019 is notified in Assam or Not, Specially Section 166 (3) regarding the limitation of filing Claim. Tried searching the Notification but unable to find the same. Can you please help me in this regard.
Though Allahabad High Court in [Shailendra Tripathi v. Dharmendra Yadav, 2020 SCC OnLine All 1360, decided on 20-11-2020] rule that there is no limitation for filing claim u/s 166 yet ..somewhere I herd that states are allowed to implement the amendment act as convenient to them and whether the no limitation as ruled by Allahabad high Court is for all states. please go through
Ashish

Reply Follow

4 Replies

P. Venu (Advocate) 17 September 2021

What is the context for this query?

ashish (legal adviser) 18 September 2021

Sir An accident took place in 2011. The claimants didn't lodge any claim before MACT. Now in September 2021 claimant want to file claim. S 166 (3) of the 2019 MV amendment act caps limitation of six months. Whether to file petition U/S 5 of limitation act for condoning delay in filing claim. Whether S. 166 (3) notified in Gazzete or not.

minakshi bindhani 22 October 2021

As per your query concerns!

The Motor Vehicle Amendment Act was introduced stating that the amended Act will apply prospectively from the date notified by the Central Government.

The Amendment Act, 2019, laid down that certain sections would commence at a later date and unfortunate, Chapter X XI XII namely omission of Chapter X modifications and in Chapters XI and XII have yet not been notified to have commenced.

Under Motor Vehicle Act Sub Section 3 of Section 166 of 1988, which came into force from 01.07.1989, contemplates the period of limitation for filing the claim petitions.

But, subsequently, the said Subsection 3 was omitted by Act 53 of 1994, which came into force on 14.11.1994. It is pertinent to note that after omission of Subsection 3 under Act 53 of 1994, there is no provision prescribing a period of limitation under section 166 of the Motor Vehicles Act.

The Allahabad High Court in Shailendra Tripathi and another Vs. Dharmendra Yadav and others have specifically held that sections 50 to 57 of the Motor Vehicles (Amendment) Act, 2019 Act are yet to be notified.

Prethivi Raj Rai vs.The secretary Sikkim nationalized transport (2021) has held that the proposed amendment to section 166 of the Motor Vehicles Act, which is yet to be enforced would have no effect.

In addition, sections 50 to 57 have not been notified yet. Therefore, Section 166 of the Motor Vehicles Act as it stood before the Amendment Act of 2019, have no effect until it is notified.

To answer your query the Motor Vehicle Act, 2019 applies prospectively in India. So it is applied in Assam as well. Furthermore, the Allahabad court decision can be put up with as a citation in relevant cases.

Hope it is helpful
Regards
Minakshi Bindhani