[2025:RJ-JP:7233] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4109/2024 1. Santosh Bai aged about 59 years, wife Of Late Sh. Chaturbhuj 2. Shya, Khinchi, aged about 36 years, Son of Late Shri Chaturbhuj 3. Rahul Khinchi, aged about 30 years, Son of Late Shri Chaturbhuj Resident Of Hospital Road, Idgah Colony, Baran, District Baran (Raj). ----Appellant Versus 1. Shri Rajmal Meena Son Of Shri Ramkalyan Meena Father/o Ramkalyan Meena, Aged About 34 Years, Resident Of Village Borda, Police Station Sarthal, Tehsil Chipabadod, District Baran (Rajasthan). 2. Branch Manager, National Insurance Company Limited, Branch Office, Kota Road, Baran District Baran (Raj.) ----Respondent For Appellant(s) : Mr. Anubodh Subodh Jain For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/02/2025 1. Instant civil misc. appeal is preferred aggrieved from order dated 27.06.2024 in Motor Accident Claim Case No. 84/2023 passed by learned Judge, MACT, Baran, whereby claim petition under Section 166 of Motor Vehicle Act preferred by the claimant- appellant was dismissed by the Tribunal in wake of Section 166(3) of Motor Vehicle Act which came into force on 01.04.2022. 2. During course of argument, learned counsel for appellant candidly admits that constitutional validity of provision under [2025:RJ-JP:7233] (2 of 2) [CMA-4109/2024] Section 166(3) of Motor Vehicle Act whereby period of limitation was re-introduced by the Parliament is under challenge before Hon’ble Supreme Court of India in case of Bhagirathi Dash Vs. Union of India Writ Petition (Civil) No. 166/2024, wherein notice has been issued notice on 01.04.2024 to all the parties to consider constitutional validity of limitation under Section 166(3) of Motor Vehicle Act, as introduced by the Parliament by way of Motor Vehicles Act (Amended Act), 2019. He submits that a liberty be granted to him to revive the instant civil misc appeal in case, provision under Section 166(3) of Motor Vehicles Act is struck down or interpreted in favor of appellant-claimant. 3. Considered the submission, instant civil misc. appeal is dismissed as withdrawn with liberty as aforesaid. 4. Pending application(s), if any, also stands disposed of. (ASHOK KUMAR JAIN),J MONU /64