AKHILESH KUMAR JAIN Vs. SATISH MOHAN AND OTHERS

JUDGEMENT

(1.) This appeal has arisen out of an order dated 27.7.1993 passed by the Motor Accidents Claims Tribunal, Basoda, whereby the Tribunal has awarded interim award of Rs. 7,500.00 against the respondent Nos. 2 and 3 including the appellant.

(2.) Learned counsel for the respondents raised a preliminary objection that the appeal is not maintainable in view of the fact that it is an interim award of Rs. 7,500.00 and in view of the provisions made under Sec. 173(2) of the Motor Vehicles Act, 1988, no appeal lies against any award of a Claims Tribunal if the amount in dispute in the appeal is less than Rs. 10,000.00. Learned counsel for the appellant contended that the occurrence had taken place in the year 1983, when the Motor Vehicles Act, 1939 was in force and as such the law applicable at that time shall apply. In support of his contention he placed reliance upon Ramesh Singh Vs. Cinta Devi, 1996 ACJ 730 : 1996 (2) TAC 503 (SC) , wherein the Apex Court held that where a claim was instituted under the old Act, it has to be disposed of in accordance with the old Act even if the new Act has come into force.

(3.) Learned counsel pointed out that under the provisions of Sec. 110-D of the Motor Vehicles Act, 1939, under Sub-section (2) thereof appeal shall not lie against the award which was less than Rs. 2,000.00, hence provisions of Sec. 173(2) of the new Act are not applicable.