Telangana High Court names amicus curiae for plea on MV Act amendment

They pointed out that the court had set aside the Amendment Act by directing the respondent to entertain the MVOP filed under Section 1661c of the Motor Vehicle Act of 1988.
Telangana High Court for representational purposes.
Telangana High Court for representational purposes.

A bench of the Telangana High Court on Thursday appointed senior counsel P Sri Raghuram the amicus curiae to assist it in deciding a petition filed by Ayiti Hanmandlu from Nizamabad and his wife challenging the Motor Vehicle Act (Amendment) Act 32 of 2019 inserting amendment to Section 1663 of MV Act 1988 without providing any condonation of delay under Section 5 of the Limitation Act to the Tribunals. 

The petitioners contended that the amendment to the MV Act is arbitrary, illegal, unconstitutional and biased, and is against public policy and victim rights, as well as a violation of Articles 14, 19, and 20 of the Constitution.

They pointed out that the court had set aside the Amendment Act by directing the respondent to entertain the MVOP filed under Section 1661c of the Motor Vehicle Act of 1988, without insisting on the delay petition and rules there under.

After perusing the writ proceedings, the bench, comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji, found fault with the Amendment Act’s restriction of six months for filing a claim case in the event of an accident and adjourned hearing to February 2, 2023.

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