2025:JHHC:36971 IN THE HIGH COURT OF JHARKHAND AT RANCHI Misc. Appeal No.178 of 2023 ------ 1. Suresh Minj, son of Late Lohra Oraon 2. Shanti Devi, wife of Suresh Minj (Oraon) 3. Bipin Prakash Minj, son of Suresh Minj (Oraon) 4. Binay Minj, son of Suresh Minj (Oraon) All resident of Village Litatoli, Karunda, P.O. and P.S. Gumla, District Gumla .... .... …. Appellants Versus 1. Navin Kumar Bhagat, son of Late Gurudeo Jaiswal, resident of Village Armai, P.O. and P.S. Gumla, District Gumla 2. Kausal Kishore Ram, son of Shri Birsa Turi, resident of Village Puggu Ghanshitoli, P.O. and P.S. Gumla, District Gumla 3. Branch Manager, Royal Sundaram General Insurance Service Branch, 4th Floor, Harmuh Tower, Club Road, P.O. and P.S. Chutia, Ranchi .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellants : Mr. Arun Kumar, Advocate For the Res. Nos.1&2 : Mr. Priyanshu Nilesh, Advocate For the Res. No.3 : Mr. Nikhil Ranjan, Advocate Mr. Vivek Kumar Sharma, Advocate ------ Order No.19 / Dated : 09.12.2025 Instant appeal is preferred by the claimants against the order dated 19.04.2023 passed in Motor Accident Claim Case No.13/2023 by learned Principal District Judge-cum-Motor Vehicle Claim Tribunal, Gumla whereby and whereunder the claim case has been dismissed as being barred by limitation under the provisions of Section 166(3) of the Motor Vehicle Act, 2019 (Amendment Act). 2. It is argued by the learned counsel on behalf of appellants that 2019 amendment came into existence on 1st April, 2022, whereas the accident took place on 13.01.2022. Therefore, the provisions of new Amendment Act will not apply. Learned Tribunal has misdirected itself to reject the claim application invoking the provisions of Motor Vehicle Act, 2019 (Amendment Act). 3. Learned counsel appearing on behalf of the Insurance Company has not disputed the factual assertions. 2025:JHHC:36971 4. On perusal of the claim application, it appears that the accident is said to have been taken place on 13.01.2022, whereas the new Act came into force from 1st April, 2022. Under the circumstance, impugned order is not sustainable and is set aside. Matter is remanded back to the learned Tribunal to decide the claim case afresh. Miscellaneous Appeal is accordingly, allowed. Pending Interlocutory Application, if any, stands disposed of. (Gautam Kumar Choudhary, J.) Anit Uploaded 10.12.2025