AI Overview...
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Section 166(3) of the Motor Vehicles Act, 1988 - Originally prescribed a six-month limitation period for filing claims. However, amendments and repeals have significantly altered this provision. The court found that Sub-section (3) was repealed by the Motor Vehicles (Amendment) Act, 2019, removing the limitation period for filing claims before the Tribunal Asha Ram VS Hukam Raj - Rajasthan, Dhannalal VS D. P. Vijayvargiya - Rajasthan, Arjun Kondankal VS Rando Kondankal - Jharkhand.
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Effect of Repeal and Amendments - The repeal of Sub-section (3) implies that there is no longer a fixed time limit for filing motor accident claims under Section 166, emphasizing the welfare-oriented approach of the Act Asha Ram VS Hukam Raj - Rajasthan, Dhannalal VS D. P. Vijayvargiya - Rajasthan.
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Judicial Interpretation - Courts have held that the deletion or repeal of limitation provisions cannot be applied retroactively to pending claims where limitation has already been invoked, but new claims are not bound by previous limitation periods Dhannalal VS D. P. Vijayvargiya - Rajasthan, New India Assurance Co. Ltd. VS Asha Devi Garg - Rajasthan.
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Application of Limitation Act - Courts have also highlighted the importance of Section 5 of the Limitation Act to condone delay in filing claims, especially considering the welfare nature of the Motor Vehicles Act and the need for sympathetic interpretation Sadaram VS Akay Kumar - Madhya Pradesh, Divisional Manager United India Insurance Company Ltd. , Represented By Its Branch VS Ramu @ Ramesh S/o Yallappa - Karnataka.
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Main Insight: The Sub-section 3 of Section 166 of the Motor Vehicles Act, which initially imposed a limitation period, has been repealed through amendments, leading to no fixed time limit for filing claims under the Act. Courts have adopted a liberal approach, emphasizing justice and welfare over strict limitation enforcement Asha Ram VS Hukam Raj - Rajasthan, Dhannalal VS D. P. Vijayvargiya - Rajasthan.
Analysis and Conclusion
The limitation sub-section (3) of Section 166 has been effectively abolished by recent amendments, notably the 2019 repeal, making claim filing no longer subject to a strict time limit. Courts prioritize equity and claimant welfare, allowing for more flexible filing timelines, provided no undue delay and justice are served. The application of the Limitation Act for condoning delays remains relevant, but the core limitation period under Section 166(3) is now discontinued.
References: - Asha Ram VS Hukam Raj - Rajasthan - Sadaram VS Akay Kumar - Madhya Pradesh - Divisional Manager, United India Insurance Co. Ltd. VS Sangamma W/o. Shekhappa Patted - Karnataka - Dhannalal VS D. P. Vijayvargiya - Rajasthan - Most. Gyatri Devi VS Kameshwar Prasad - Patna - Arjun Kondankal VS Rando Kondankal - Jharkhand - Divisional Manager United India Insurance Company Ltd. , Represented By Its Branch VS Ramu @ Ramesh S/o Yallappa - Karnataka - New India Assurance Co. Ltd. VS Asha Devi Garg - Rajasthan - New India Assurance Co. Ltd. VS Asha Devi Garg - Rajasthan - THE NEW INDIA ASSURANCE CO.LTD vs MARIYUMMA ALIAS MARIYA - Kerala
Search Results for "Limitation Sub Section 3 of Section 166 of Motor Vehicle Act"
2005 0 Supreme(Raj) 867 • India - Rajasthan
S.K.KESHOTE
Finding of the Court: The court found that the repeal of Sub-section (3) of Section 166 of the Motor Vehicles Act, ... Limitation - Motor Vehicle Accident - The court held that the amendment to the Motor Vehicles Act, 1988, repealed the limitation ... 1988, by the Motor Vehicles (Amendment....
1995 0 Supreme(MP) 893 • India - Madhya Pradesh
N.P.SINGH
Limitation Act - Motor Accident Claims - The court set aside the order dismissing the application for condonation of delay, emphasizing ... Ratio Decidendi: The court emphasized the welfare nature of the Motor Vehicles Act and the need for a sympathetic and lenient ... delay in filing the claim case due to ignorance of the limitation provisions. ... Proviso to Sub-section (3) of Section #HL_START....
2023 0 Supreme(Kar) 945 • India - Karnataka
HANCHATE SANJEEVKUMAR
Limitation - Motor Vehicles Act - Section 166(3) - 1939 Act, 1988 Act, and 2019 Amendment - The court discussed ... the evolution of Section 166(3) of the Motor Vehicles Act, highlighting the absence of a time limitation for preferring a claim ... 3) of the Motor ....
1996 0 Supreme(Raj) 253 • India - Rajasthan
N.P.SINGH, FAIZAN UDDIN
Motor Vehicle Act, 1988 – Section 166 (3) and Motor Vehicle (Amendment) Act, 1994 – The section 166 (3) prescribing limitation to ... of deletion of sub-section (3) of Section 166 is not to be extended to pending claim petitions where a plea of limitation has been ... In su....
2019 0 Supreme(Pat) 174 • India - Patna
BIRENDRA KUMAR
of sub-section (3) of Section 166 of the Motor Vehicles Act, 1988, which removed the limitation for filing claims before the Tribunal ... Motor Vehicle Accident Claim - Limitation - Motor Vehicles Act, 1988, Section 166 - Summary: The court discussed the deletion ... Issues: The issues incl....
2009 0 Supreme(Jhk) 961 • India - Jharkhand
JAYA ROY, M.Y.EQBAL
Motor Vehicles Act, 1988—Section 166 r/w Article 113 of Limitation Act, 1963—dismissal of claim for fatal accident on the ground ... of limitation—merely on the ground of limitation rightful claim of victim can not be rejected—appeal allowed. ... In M.V. Act previously by subsection 3 of section 166 limitation of six month was....
2023 0 Supreme(Kar) 379 • India - Karnataka
SURAJ GOVINDARAJ
Motor Vehicles Act, 1988 - Section 166 - Limitation Act - Section 5 - Claim petition - Condoning delay of ... away on a technical aspect that too of limitation , Trial Court having applied Section 5 of Limitation Act to the fact situation ... entertained, unless it is made within six months of occurrence of the accident - In that view of matter, he submits that provision of #HL_S....
2009 0 Supreme(Raj) 758 • India - Rajasthan
MOHAMMAD RAFIQ
(a) Motor Vehicles Act, 1988, Sec. 166 read with C.P.C., Order 14 Rule 1 to 5 — Application for amendment of issues rejected — Motor ... Vehicles Act, 1988, Sec. 149 and C.P.C. ... Vehicles Act, 1988, Sec. 147 — Liability of Insurance Company in Motor Accident case — Insurance company filed an application before ... Upon consideration of rival submissions made by the parties and perusal of the impugned order, I fin....
2010 0 Supreme(Raj) 561 • India - Rajasthan
MOHAMMAD RAFIQ
(a) Motor Vehicles Act, 1988, Sec. 166 read with C.P.C., Order 14 Rule 1 to -- Application for amendment of issues rejected -- Motor ... ... (b) Motor Vehicles Act, 1988, Sec. 147 -- Liability of Insurance ... (Paras 16 & 17) ... (c) Motor Vehicles Act, 1988, Sec. 149 and C.P.C. ... Upon consideration of rival submissions made by the parties and perusal of the impugned order, I find that as far a....
2024 Supreme(Online)(KER) 54067 • India - High Court of Kerala
MARY JOSEPH, J
(A) Motor Vehicles Act, 1988 - Section 166 - Compensation claim - The appeal by the insurer challenges the Tribunal's award for compensation ... Habibulla in a motor accident. The court held that the amendment to the M.V. ... ... ... Ratio Decidendi: The court ruled that the removal of the limitation period by the amendment to the M.V. ... All the above grounds are related to the period of #HL_S....
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