[2025:RJ-JP:7452] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5254/2024 1. Seema Devi Wife Of Vijaypal Singh, Aged About 44 Years, Resident Of In Front Of Jain Dharmshala, Maniya, District Dholpur(Rajasthan). 2. Vijaypal Singh Son Of Udal Singh, Aged About 49 Years, Resident Of In Front Of Jain Dharmshala, Maniya, District Dholpur(Rajasthan). ----Appellants Versus 1. Sbi General Insurance Company Limited, Through Its General Manager, Sbi General Insurance Company, Head Office At Natraj 101, 201, 301 Junction Of Western Ex Press Highway, Andheri Kurla Road, Andheri East, Mumbai (Maharashtra) (Insurance Company Of Car No. Rj-11/ca- 3689). 2. Priyanka Sharma Wife Of Gaurav Tiwari, Resident Of Imli Wali Gali, Sangar Road, Dholpur (Rajasthan) (Owner Of Vehicle Car No. Rj-11/ca-3689). ----Respondents For Appellant(s) : Mr. Dinesh Kumar Garg with Mr. A.S. Rathore 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 04.10.2024 in Motor Accident Claim Case No. 16/2023 passed by learned Judge, MACT, Dholpur, 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. [2025:RJ-JP:7452] (2 of 2) [CMA-5254/2024] 2. During course of argument, learned counsel for appellant candidly admits that constitutional validity of provision under 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 appeal is dismissed as withdrawn with liberty as aforesaid. 4.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 /413-S