Page No.# 1/3 GAHC010138802024 2025:GAU-AS:6178 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/270/2024 SHRIRAM GENERAL INSURANCE COMPANY LTD HAVING ITS CORPORATE AND REGISTERED OFFICE AT E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN, INDIA, PIN- 302022 AND ONE OF THE BRANCH OFFICES AT B.R. ARCADE, 3RD FLOOR, OPPOSITE TO PRIYA PALACE HOTEL, 21, JANAPATH, ULUBARI, GHY- 781007, KAMRUP. VERSUS KASHEM ALI @ MD. KASHEM ALI AND 2 ORS S/O- KUDDUCH ALI, VILL.- JHAUKURA PART-II, P.O. MAJER ALGA, P.S. PANCHARATNA, DIST. BONGAIGAON, ASSAM, PIN- 783388. 2:SOBIRUL ISLAM S/O- K AHMED VILL.- GHUNIMARI P.O. AND P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783371. 3:NUR SALAM SHEIKH S/O- BATAL SHEIKH VILL.- KAZIPARA PART-II P.O. AND P.S. CHAPAR DIST. DHUBRI ASSAM PIN- 783371 For the petitioner (s) : Mr. A. J. Saikia, Advocate Page No.# 2/3 For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 16.05.2025 Heard Mr. A. J. Saikia, the learned counsel appearing on behalf of the petitioner. 2. This is an application filed under Article 227 of the Constitution challenging the order dated 06.05.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No.196/2022 whereby the application filed by the petitioner seeking dismissal of the claim proceedings was rejected. It is relevant to take note of that in the instant case, the accident took place on 27.04.2016 and the claim proceedings was filed on 31.12.2022. The learned Tribunal, i.e. the Motor Accident Claims Tribunal, Dhubri vide the order dated 06.05.2024 taking into account that the provisions of Section 166(3) of the Motor Vehicles Act, 1988 which came into force w.e.f. 01.04.2022 would only apply prospectively and not in respect to the accident which occurred earlier had rejected the application filed by the petitioner. 3. This Court duly takes note of that the Coordinate Bench of this Court in the case of Shriram General Insurance Company Ltd. vs. Md. Page No.# 3/3 Sadik Hussain @ Saddique & 2 Others {CRP(IO) No.427/2024} vide the judgment dated 28.10.2024 has upheld similar orders passed by the Motor Accident Claims Tribunals wherein it was held that in respect to accident occurring prior to coming into force of Section 166(3) of the Motor Vehicles Act, 1988, the limitation provided in the newly inserted provision would not apply. 4. Taking into account the above, this Court finds no merit in the instant petition. Accordingly, the instant petition stands dismissed. 5. The interim order dated 02.08.2024 passed by this Court stands vacated and the parties herein are directed to appear before the learned Tribunal on 09.06.2025. 6. It is however relevant to take note of that the claimants are not before this Court inspite of service. Under such circumstances, the learned Tribunal shall inform the claimants before proceeding with the said claim proceedings. JUDGE Comparing Assistant