Shyam Sundar Son of Late Shri Vijendra Singh, v. Rajasthan State Road Transport Corporation
Motor accident compensation – Limitation
Case brief
What is this about?
Rajasthan High Court, Jaipur Bench; S.B. Civil Miscellaneous Appeal No. 114/2025; Justice Ashok Kumar Jain; decided 19/02/2025. Appeal against dismissal of motor accident claim petition (MAC Case No. 181/2022, MACT Dholpur) on limitation under Section 166(3) Motor Vehicle Act (effective 01.04.2022); appeal dismissed as withdrawn with liberty to revive pending Supreme Court's consideration of constitutional validity of Section 166(3) in Bhagirathi Dash Vs. Union of India, W.P.(C) No. 166/2024; pending applications disposed of. Statutes: Section 166 and Section 166(3), Motor Vehicles Act; Motor Vehicles Act (Amended Act), 2019. Parties: claimant-appellants (legal heirs of deceased Vijendra Singh) vs RSRTC, bus owner Kuldeep Singh Dhillo, POA holder Amarpal Singh, National Insurance Company Ltd.
What did the court decide?
Appeal dismissed as withdrawn, with liberty granted to the appellants to revive the civil miscellaneous appeal if Section 166(3) of the Motor Vehicles Act is struck down or interpreted in favour of the appellant-claimant; pending application(s), if any, disposed of.