SONEY LAL Vs. U P ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal has been preferred against the award given by the Motor Accidents Claims Tribunal, Chitrakoot. The stamp reporter has reported that the amount as required under the proviso to section 173 (1) as condition precedent for admission of the appeal, has not been deposited. The deposit is pre-condition for the admission of the appeal.

(2.) I have heard Mr. Bharat Ji Agarwal, learned senior advocate assisted by Mr. S.D. Singh for the appellant.

(3.) It has been argued that the accident in this case took place on 15.1.1984 when the old Motor Vehicles Act (hereinafter referred to as the Act) was in force. That the new Act was enforced from 1.7.1989 and thereafter the application for compensation was moved. It has been argued that right to claim compensation accrued under the old Act and the same has been protected under section 6 of the General Clauses Act. It has, therefore, been argued that the claim petition shall be considered to have been filed under section 110-A of Motor Vehicles Act, 1939. That the proceedings also took place under the said section and, therefore, the appellant has right to appeal under section 110-D of the said Act. That the appeal has not been filed under section 173 of the new Act of 1988 and, therefore, the proviso to section 173 of the new Act does not apply.