Dismissed¶25

Shyam Sundar Son of Late Shri Vijendra Singh v. Rajasthan State Road Transport Corporation

Rajasthan HC19 Feb 2025CMA/113/2025

Case brief

AI extract

What is this about?

Civil Miscellaneous Appeal against MACT order dismissing claim petition under Section 166 Motor Vehicles Act based on Section 166(3) limitation. Appeal dismissed as withdrawn with liberty to revive pending Supreme Court decision in Bhagirathi Dash v. Union of India (W.P.(C) 166/2024) challenging constitutional validity of Section 166(3).

What did the court decide?

Liberty to revive the civil miscellaneous appeal if Section 166(3) of the Motor Vehicles Act is struck down or interpreted in favor of the appellant-claimant by the Supreme Court in Bhagirathi Dash Vs. Union of India (W.P.(C) No. 166/2024). ¶25

Shyam Sundar Son of Late Shri Vijendra Singh Vs… — Motor Accident Claims | Rajasthan HC (2025)

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[2025:RJ-JP:7453]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 113/2025

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Shyam Sundar Son Of Late Shri Vijendra Singh, Aged About 41 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Tehsil And District Dholpur (Rajasthan).

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Sonveer Son Of Late Shri Vijendra, Aged About 34 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Tehsil And District Dholpur (Rajasthan).

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Satyaban Son Of Shri Vijendra, Aged About 25 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Tehsil And District Dholpur (Rajasthan).

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Laxmi Daughter Of Late Shri Vijendra Singh Wife Of Banti, Aged About 33 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Presently Residing At Kushwah Mohallan, Nadanpur, Police Station, Nadanpur, Tehsil Basedi, District Dholpur (Rajasthan).

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Salki Daughter Of Late Shri Vijendra Singh Wife Of Ashok, Aged About 32 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Presently Residing At Kushwah Mohallan, Nadanpur, Police Station, Nadanpur, Tehsil Basedi, District Dholpur (Rajasthan).

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----Appellants

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Versus

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Rajasthan State Road Transport Corporation, Through Its Manager, Deedwana Depot, District Nagaur (Rajasthan) (Possession Holder Of Bus No. Rj-10/pa-6391).

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Kuldeep Singh Dhillo Son Of Shri Major Singh, Resident Of G.t.v. Nagar, Handaya Road, Bahadur Nagar, Barnala Punjab(Registered Owner Of Bus No. Rj-10/pa-6391).

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Amarpal Singh Son Of Shri Hardev Singh, Resident Of Near Jhor Wali Mata, Badi Road, Dholpur (Power Of Attorney Holder Of Bus No. Rj-10/pa-6391).

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National Insurance Company Limited, Through Its Branch Manager, Barnala Branch, S.c.o. No. 8, 2Nd Floor, Puda Shopping Complex, In Front Of Civil Hospital, Barnala, Punjab 148101 (Insurance Company Of Bus No. Rj-10/pa-6391).

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[2025:RJ-JP:7453]

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2025:RJ-JP:7453]	(2 of 3) [CMA-113/2025] ----Respondents
For Appellant(s)	: Mr. Dinesh Kumar Garg with Mr. A.S. Rathore
For Respondent(s)	:

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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19/02/2025

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Instant civil misc. appeal is preferred aggrieved from order dated 06.11.2024 in Motor Accident Claim Case No. 180/2022 passed by learned Judge, MACT, Dholpur, whereby claim petition under Section 166 of Motor Vehicle Act preferred by the claimantappellant was dismissed by the Tribunal in wake of Section 166(3) of Motor Vehicle Act which came into force on 01.04.2022.

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During course of argument, learned counsel for appellant candidly admits that constitutional validity of provision under Section 166(3) of Motor Vehicle Act whereby period of limitation was re-introduced by the Parliament is under challenge before Hon’ble Supreme Court of India in case of Bhagirathi Dash Vs. Union of India Writ Petition (Civil) No. 166/2024, wherein notice has been issued notice on 01.04.2024 to all the parties to consider constitutional validity of limitation under Section 166(3) of Motor Vehicle Act, as introduced by the Parliament by way of Motor Vehicles Act (Amended Act), 2019. He submits that a liberty be granted to him to revive the instant civil misc appeal in case, provision under Section 166(3) of Motor Vehicles Act is struck down or interpreted in favor of appellant-claimant.

[2025:RJ-JP:7453]

[CMA-113/2025]

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