On April 1, the Supreme Court issued a notice in a writ petition challenging the constitutional validity of Section 166 (3) of the Motor Vehicles (Amendment) Act, 2019. This provision, which came into effect on April 1, 2022, requires claims for compensation due to a motor vehicle accident to be filed before the Motor Accidents Claims Tribunal within six months from the date of the accident.
The petition argues that this provision restricts the rights of road accident victims by imposing a strict six-month limitation period for filing claim applications. It further contends that such a limitation undermines the purpose of the statute, which is to provide benefits to victims of road accidents.
The petitioner has pleaded that the amendment is arbitrary and violates the fundamental rights of road accident victims, and has requested the court to declare it unconstitutional.
The court has issued notice on the petition to the Union of India. The petition also notes the history of amendments to the Motor Vehicles Act, including the removal of the time limit for filing claim petitions regarding accidents by the 1994 amendment. However, the 2019 amendment reintroduced the six-month limitation period.
The petitioner has also challenged the amendment on the grounds that it was made without considering any opinion, law commission report, or parliamentary debate, and that the stakeholders were not consulted during the process. The petition argues that the lack of reasoning behind the amendment makes it arbitrary and irrational.
Overall, the petition seeks to protect the interests of road users and accident victims, arguing that the amendment unfairly restricts their rights and violates their fundamental rights.
