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