Supreme Court seeks Centre's response in PIL challenging limitation period for motor accident compensation claims

The Supreme Court on Monday sought the response of the Central government in a plea challenging the six-month time limit to file compensation claims in motor vehicle accident cases. (Bhagirathi Dash v. Union of India and anr).A Bench of Justices Sudhanshu Dhulia and Prasanna B Varale issued notice today on the public interest litigation (PIL) filed by Odisha-based Advocate Bhagirathi Dash through Advocate Renuka Sahu.The response has to be filed within eight weeks..The PIL challenges a February 2022 gazette notification that makes the six-month limit applicable from 2022 onwards.The same enforced Section 166(3) of the Motor Vehicles (Amendment) Act, 2019, to the effect that:"No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.".The limitation has had a significant effect on the legal landscape for victims of road accidents, the plea said.The time limit has been described as 'too harsh' and not based on public opinion, policy or sound logic, as it will deprive the illiterate to avail of damages, it added."Such legislation will deprive thousands of road victims who are still hospitalized and their full recovery make take years to make them fit to present their claim application...Thousands of road victims who are crippled/hospitalized will be deprived of their redressal due to non filing the claim Application within the time bound period of six months."It is, thus, urged that the limitation period be declared unconstitutional and arbitrary..Originally, the limitation period under the unamended Motor Vehicles Act was six months. This was increased in 1989 to twelve months if sufficient cause was shown. Later, the limitation was completely done away with in 1994, when Section 166(3) was deleted. The gazette notification now under challenge effectively brought back Section 166(3), in line with the amended 2019 Act..Apart from advocate Sahu, Senior Advocate Jay Savla and advocate Shubham Bhatia appeared for Dash..[Read order]