Shriram General Insurance Company Ltd. v. Kashem Ali @ Md. Kashem Ali and 2 Ors.
Case brief
What is this about?
Insurer's petition under Article 227 of the Constitution (CRP(IO)/270/2024, decided 16.05.2025 by Devashis Baruah, J., Gauhati High Court; neutral citation 2025:GAU-AS:6178) challenging the order dated 06.05.2024 of the Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No.196/2022 rejecting its application to dismiss claim proceedings arising from an accident of 27.04.2016, claim filed on 31.12.2022. Held, relying on the Coordinate Bench in CRP(IO) No.427/2024 (judgment dated 28.10.2024), that the limitation in newly inserted Section 166(3) of the Motor Vehicles Act, 1988 (w.e.f. 01.04.2022) applies prospectively only and does not govern pre-amendment accidents. Petition dismissed; interim order dated 02.08.2024 vacated; parties directed to appear before the Tribunal on 09.06.2025; claimants not present despite service and the Tribunal is to inform them before proceeding. Petitioner's counsel: Mr. A. J. Saikia; respondents unrepresented.