[2025:RJ-JP:7453] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 113/2025 1. Shyam Sundar Son Of Late Shri Vijendra Singh, Aged About 41 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Tehsil And District Dholpur (Rajasthan). 2. Sonveer Son Of Late Shri Vijendra, Aged About 34 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Tehsil And District Dholpur (Rajasthan). 3. Satyaban Son Of Shri Vijendra, Aged About 25 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Tehsil And District Dholpur (Rajasthan). 4. Laxmi Daughter Of Late Shri Vijendra Singh Wife Of Banti, Aged About 33 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Presently Residing At Kushwah Mohallan, Nadanpur, Police Station, Nadanpur, Tehsil Basedi, District Dholpur (Rajasthan). 5. Salki Daughter Of Late Shri Vijendra Singh Wife Of Ashok, Aged About 32 Years, Resident Of Village Jheel Ka Pura, Basaie Samanta, Police Station Sadar, Presently Residing At Kushwah Mohallan, Nadanpur, Police Station, Nadanpur, Tehsil Basedi, District Dholpur (Rajasthan). ----Appellants Versus 1. Rajasthan State Road Transport Corporation, Through Its Manager, Deedwana Depot, District Nagaur (Rajasthan) (Possession Holder Of Bus No. Rj-10/pa-6391). 2. Kuldeep Singh Dhillo Son Of Shri Major Singh, Resident Of G.t.v. Nagar, Handaya Road, Bahadur Nagar, Barnala Punjab(Registered Owner Of Bus No. Rj-10/pa-6391). 3. Amarpal Singh Son Of Shri Hardev Singh, Resident Of Near Jhor Wali Mata, Badi Road, Dholpur (Power Of Attorney Holder Of Bus No. Rj-10/pa-6391). 4. National Insurance Company Limited, Through Its Branch Manager, Barnala Branch, S.c.o. No. 8, 2Nd Floor, Puda Shopping Complex, In Front Of Civil Hospital, Barnala, Punjab 148101 (Insurance Company Of Bus No. Rj-10/pa-6391). [2025:RJ-JP:7453] (2 of 3) [CMA-113/2025] ----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 06.11.2024 in Motor Accident Claim Case No. 180/2022 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. 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. [2025:RJ-JP:7453] (3 of 3) [CMA-113/2025] 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 /414-S