LAXMINARAIN Vs. BALBIR KAUR

JUDGEMENT

(1.) Whether the provisions of Section 173 of the Motor Vehicles Act, 1988 providing for a right of appeal to any person aggrieved by an award of a Motor Accident Claims Tribunal subject to the provisions mentioned therein are retrospective or prospective, is the cardinal question arising for determination in this miscellaneous application.

(2.) Parliament enacted the Motor Vehicles Act, 1988 (for short, the amended Act), to consolidate and amend the law relating to motor vehicles and the amended Act came into force with effect from July 1, 1989. The provision for granting compensation on the principle of "no fault liability" was inserted in Chapter X of the Act under the heading. "Liability without fault in certain cases" and the Sections covered are identical to the provisions of Sections 92-A to 92-E of the 1989 Act save and except one important departure contained in sub-section (2) of Section 140, the amount of compensation payable on the principle of "no fault liability" in respect of death of a person was increased to Rs. 25,000/-, while in case of permanent disablement to a sum of Rs. 12,000/-. Section 217 of the amended Act provides for repeal and savings and sub-section (1) thereof sets out that the Motor Vehicles Act, 1939 (4 of 1949) and any law corresponding to that Act in any State immediately before the commencement of the amendment Act in that State stands repealed. Section 173 of the amended Act enables a person aggrieved by an award of a Claims Tribunal to prefer an appeal to the High Court and the first proviso to sub-section (1) thereof enjoins that no appeal will be entertained, unless the persons, who is required to pay any amount in terms of such award, deposits with the appeal a sum of Rs. 25,000/- or fifty per cent of the amount awarded, whichever is less. Under the second previsions to sub-section (1) of Section 173, the High Court can extend the time for making the deposit mentioned in the first proviso.

(3.) Counsel for the appellants urged that the accident giving rise to the claim petition took place on March 12, 1989, i.e. before the amended Act came into force. The amended Act came into force with effect from July 1, 1989. He further submitted that the right of appeal would be governed by the law applicable on the date when the accident took place. On the date when the accident took place, the unamended law was applicable and under Section 110-D, of the unamended law relating to appeals, no condition was imposed for making the deposit. The question, reproduced supra, has arisen under these circumstances.