RAMESH SINGH Vs. CHINTA DEVI

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) THE short question is does a right of appeal accrue to a claimant under the Motor Vehicles Act, 1939, hereinafter called the 'Old Act', on the institution of a claim application in the Motor Accident Claims Tribunal, notwithstanding its repeal by the Motor Vehicles Act, 1988, hereinafter called the 'New Act'? In other words, does the right of appeal under the Old Act survive even after its repeal by the New Act? The brief fact,> are that an accident took place on 27.5.1988 which gave rise to a claim for a compensation under the Old Act. The claim application was filed on 23.12.1988. Thereafter the New Act came into force with effect from 1.7.1989. The claim application which was instituted under the Old Act was disposed of on 29.6.1992 after the New Act came into force. That gave rise to a right to file an appeal. The appeal was preferred under the Old Act on 25.9.1992. However, the Division Bench of the High Court by the impugned 'order dismissed the appeal on the ground that the appellant had not deposited the amount as required by the provise to section 173 of the New Act. Section 173 of the New Act, insofar as is relevant for our purposes, reads as under:

(3.) THE High Court of Allahabad and Madhya Pradesh have, vide AIR 1990 Allahabad 104 and AIR 1990 MP 354, held that in such circumstances the appellant's right to appeal without being required to make the deposit under the first proviso to section 173 of the New Act remains unaffected. However, the judgment impugned herein takes a different view. Hence, there is a controversy which needs to be resolved.