The Supreme Court Today (1st April) requested a response from the Central Goverment concerning a petition that challenges the six-month time restriction for submitting compensation claims in motor vehicle accident cases.
On Monday, the Supreme Court requested a response from the Central government regarding a petition challenging the six-month time limit for filing compensation claims in motor vehicle accident cases. The plea, filed by Odisha-based Advocate Bhagirathi Dash through Advocate Renuka Sahu, issued notice by a Bench comprising Justices Sudhanshu Dhulia and Prasanna B Varale.
The PIL contests a February 2022 gazette notification that enforces the six-month limit from 2022 onwards.
The notification applied Section 166(3) of the Motor Vehicles (Amendment) Act, 2019, which states;
“No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident”
The Plea Stated,
“The limitation had a notable impact on the legal standing of those engaged in road accidents.”
Also it added,
“The timeframe has been condemned as ‘excessively stringent’ and devoid of justification in public sentiment, policy, or rational reasoning, as it may hinder illiterate individuals from obtaining compensation“
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“Thousands of road accident victims, many of whom are still hospitalized and facing a prolonged recovery, will be denied their right to seek compensation due to the inability to submit their claims within the six-month timeframe”
Therefore, it is requested that the limitation period be deemed unconstitutional and arbitrary.
Initially, the limitation period under the original Motor Vehicles Act was six months. It extended to twelve months in 1989 if sufficient cause demonstrated.
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Subsequently, the limitation entirely removed in 1994 when Section 166(3) eliminated. The challenged gazette notification effectively reintroduced Section 166(3), aligning with the amended 2019 Act.