JASWANT RAO Vs. KAMLABAI

JUDGEMENT

(1.) This order will dispose of the appellant's application for exemption from depositing the amount of Rs. 25000/- (I.A. No.241 /90) and respondent's objection under proviso to S.173(1) of the Motor Vehicles Act, 1988, as to deposit of Rupees 25000/- or 50% of the amount so awarded, whichever is less, in the manner directed by this Court.

(2.) At the hearing of applications Shri N.S. Purohit, for the appellant and Shri R.C. Kochatta, for the respondents-objectors, were heard.

(3.) Shri Purohit mainly relying on the decisions of this Court in Lakhmichand v. Mitthu, AIR 1984 Madh Pra 112; Chuluram v. Bhagatram, AIR 1980 Madh Pra 16; Sitaram v. Chaturao, 1981 Jab LJ 171 and Dattatray v. Mangal, AIR 1983 Madh Pra 82 submitted that the appeal under the old Motor Vehicles Act, 1939, did not require any such deposit being made and S.217 of the Motor Vehicles Act, 1988, providing for repeal and savings does not show that the new provision is to apply to appeal against award in respect of which claim was presented before the present Act was brought into force. On the other hand sub-sec. (4) shows that mention of particular matter in the section shall not be held to prejudice or affect the general application of S.6 of the General Clauses Act, 1987, with regard to the effect of appeals. Shri Purohit, therefore, submitted that predeposit of amount under the proviso to S.173(1) of the Motor Vehicles Act, 1988 may not be insisted upon and appeal rejected on that count.