NEW INDIA ASSURANCE CO LTD Vs. MADAN GOARI

JUDGEMENT

(1.) HEARD Mr. Alok Lal, learned counsel for the appellant and Mr. P.K. Bhowmik, learned counsel for the respondents.

(2.) THE instant appeal has been filed against the claim preferred under section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Old Act ') without paying the statutory amount as required to be paid under the provisions of Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the New Act ').

(3.) ON the contrary, Mr. Alok Lal, learned counsel for the appellant submits that right of appeal accrued to the appellant under the Old Act and the new provision of appeal under section 173 of the New Act is not retrospective, hence, the appellant - Insurance Company is not bound to deposit the statutory amount as provided under section 173 of the New Act. In support of his contention, reliance has been placed on the case of Ramesh Singh and anr. vs. Cinta Devi and ors. (1996 ACJ 730) wherein it has been held as under :