TEK CHAND BEHAL Vs. KHEM CHAND

JUDGEMENT

(1.) A common award having come into existence on 30. 8. 1993 on the claim petitions preferred by various claimants under the Motor Vehicles Act, 1988 (hereinafter described as 'the 1988 act'), resulted in the filing of the appeals by the owner and the driver of the offending Tempo involved in the accident, which had taken place on 29. 3. 1989 in the area of Malerkotla.

(2.) WHEN the matter was taken up for hearing by the learned single Judge, a preliminary objection was taken by learned counsel appearing for the respondents that the appeal was not maintainable as the appellants had not complied with the provisions of section 173 (1) of the 1988 Act, which required them to deposit a sum of rs. 25,000 or 50 per cent of the amount awarded as a prerequisite to the filing thereof.

(3.) THE appellants tried to skirt their liability to comply with the requisites of section 173 (1) of the 1988 Act on the ground that the accident had taken place on 29. 3. 1989 before coming into force of the said Act which came to occupy the field w. e. f. 1. 7. 1989. The plea raised on the logic that the date of accident is the time when the liability of the offending vehicle and insurance company which has assured the same, begins with the accident, and since the accident took place when Motor vehicles Act, 1939 (hereinafter referred to as 'the 1939 Act') was in existence, therefore, all consequent liabilities including the right of appeal would be determined under the 1939 Act and not under the 1988 Act.