Removal of motor accident claim limitation bar applies to pending proceedings where the objection was not final.

The omission of Section 166(3) of the Motor Vehicles Act, 1988 by the 1994 amendment removed the earlier twelve-month limitation bar for accident compensation claims. That deletion was held to apply to pending matters where the limitation objection had not attained finality, reflecting the legislative intent to avoid rejection of claims on technical limitation grounds. The claim petition therefore could not be dismissed as time-barred, the High Court's order was set aside, and the Tribunal was directed to entertain and decide the claim on merits.

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Issues: Whether the omission of sub-section (3) of Section 166 of the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 1994 applies to claim petitions and limitation objections that were still pending consideration, so as to permit entertainment of the claim petition filed beyond the earlier prescribed period.

Analysis: The earlier limitation under Section 166(3) of the Motor Vehicles Act, 1988 restricted the Tribunal's power to entertain delayed claims beyond twelve months. That restriction was later removed by Section 53 of the Motor Vehicles (Amendment) Act, 1994, and the amendment also reflected a legislative intent to protect accident victims and their families from harsh rejection of claims on limitation grounds. The amended scheme, including the forwarding obligation under Section 158(6), showed that Parliament intended the claims process to operate without the former limitation bar. The omission was not treated as upsetting judicial orders that had already attained finality, but it was held to govern matters where the limitation question was still pending before the Tribunal or appellate courts.

Conclusion: The omission of Section 166(3) had to be given effect in pending matters, and the claim petition could not be rejected on limitation in the present case. The High Court's order was set aside and the Tribunal was directed to entertain and decide the claim petition in accordance with law.

Final Conclusion: The claimant was entitled to the benefit of the deletion of the limitation provision because the objection had not attained finality, and the compensation claim was restored for adjudication on merits.

Ratio Decidendi: Where a statutory provision imposing a limitation bar on motor accident compensation claims is omitted, the benefit extends to pending proceedings in which the limitation issue has not attained finality, and such claims cannot be rejected solely on the basis of the earlier time bar.

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