The
Supreme Court has passed an interim order stating that no motor accident claim
petition shall be dismissed on the ground of being time-barred, LiveLaw
reported on Friday.
The
directions were issued by a bench comprising Justices Aravind Kumar and NV
Anjaria. They were hearing a petition challenging Section 166(3) of the Motor
Vehicles Act, which states, "No application for compensation shall be
entertained unless it is made within six months of the occurrence of the
accident." The provision was introduced through the 2019 amendment and
came into effect in April 2022.
The petition challenges the constitutionality of the
provision, stating that the impugned amendment is not only arbitrary but also
violates the fundamental rights of the road accident victims, the report said.
The
petition claimed that the provision restricts the rights of road accident victims by enforcing a rigid six-month deadline for filing
claim applications. It further argues that imposing such a strict limitation
defeats the purpose of this legislation, which is designed to extend relief and
benefits to victims of road accidents.
The
petitioner also challenged the amendment, claiming that it was enacted without
consulting stakeholders or considering law commission reports and parliamentary
debates.
It further urged the court to declare the amendment
arbitrary, ultra vires, and in violation of Articles 14 (equality), 19
(freedom), and 21 (right to life) of the Constitution of India, and set it
aside.
In
view of the petition, the apex court noted that multiple pleas have been filed
before the Motor Accident Claims Tribunal and High Courts across the country,
and that any order issued by the Supreme Court would impact these cases.
"This
court has been informed that there are a number of petitions across the country
filed on the same issue and any finding recorded by this court would have
bearing on the pending petitions. In that view of the matter, the hearing of
these matters requires to be expedited," the order noted.
It also directed the Tribunal and the High Courts
not to dismiss the claim petitions on the ground of being barred under Section
16(3) of the Motor Vehicles Act, 1988, during the course of hearing.