SC admits PIL challenging the legality of ‘limitation in claim intimation” in Motor Vehicles Act

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  • SC admits PIL challenging the legality of ‘limitation in claim intimation” in Motor Vehicles Act

The Hon’ble Supreme Court of India issued an Order dated April 01, 2024, to hear a Public Interest Litigation filed under Article 32 challenging the legality and validity of the Motor Vehicles (Amendment) Act, 2019 with regard to the insertion of Sub-section (3) to Section 166 of the Motor Vehicles Act 1988.

A division bench of Justices Sudhanshu Dhulia and Prasanna B Varale has issued notice returnable within 8 weeks. Filed through AOR Renuka Sahu, the plea states that post the Amendment a restriction has been imposed to the extent that the “Claims Tribunal may entertain an application filed only within six months of the occurrence of the accident.” Prior to the amendment, since 1994 no time limit existed for filing the claims application by injured victims or their legal heirs. The aforementioned new clause introduced by the said amendment, which became effective from 01.04.2022 according to the Gazette Notification, has had a significant impact on road victims, altering the legal landscape and potentially influencing their rights and entitlements.

A copy of the Order is attached herewith for your reference.

Source category: IRDAI

Attachments

  • /2024/391_Order_.pdf

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