ORIENTAL INSURANCE CO LTD Vs. DHANRAM SINGH

JUDGEMENT

(1.) A preliminary question as to the maintainability of the appeal has come up for consideration in the present appeal.

(2.) On an award being made by the Motor Accidents Claims Tribunal under S.110-B of the Motor Vehicles Act, 1939 (hereafter 'old Act') on a date prior to 1-7-1989 an appeal purporting to be one under S.110-D of the said Act was filed after 1-7-1989. It may be stated that the Motor Vehicles Act, 1988 (hereinafter referred to as the 'new Act') was enforced w.e.f. 1-7-1989 and under S.217 of the new Act the 1939 Act was specifically repealed in the new Act an appeal is provided against the award of the Claims Tribunal under S.173 but it is hedged in with a condition that such an appeal will not be entertained by the High Court by a person who is required to pay any amount under the award unless he deposits twenty five thousand rupees or fifty per cent of the amount awarded, whichever is less.

(3.) Sri A.B. Saran, learned Counsel for the appellant, submitted that despite repeal of the old Act the right of appellant to file an appeal under S.110-D of the old Act survived and the appellant cannot be compelled to take recourse to S.173 of the new Act and be subjected to such onerous conditions as are now imposed under the new provisions. His submission was that by repeal of the old Act and its substitution by a new one on the same subject the substantive right of a party cannot be adversely affected and an appeal as provided by the old Act can still be lodged.