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1996 Supreme(SC) 460

SUJATA V. MANOHAR, A. M. AHMADI
Ramesh Singh – Appellant
Versus
Cinta Devi – Respondent


ORDER

Special leave granted.

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 facts 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 proviso to Section 173 of the New Act. Section 173 of the New Act, insofar as is relevant for our purpose, re






















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