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YOGENDRA KUMAR SRIVASTAVA
Icici Lombard General Insurance Co. Ltd. – Appellant
Versus
Suresh – Respondent
JUDGMENT :
Yogendra Kumar Srivastava, J.
Heard Sri Rahul Sahai, alongwith Sri Aditya Singh Parihar, learned counsel for the appellant. Sri Satya Deo Ojha, learned counsel has also been heard.
2. A question has arisen with regard to the maintainability of the instant appeal under Section 173(2) of the Motor Vehicles Act, 1988, in view of the report submitted by the Stamp Reporter.
3. It is pointed out that the aforesaid objection of the Stamp Reporter is based on the amended provision contained under sub-section (2) of Section 173, in terms of which the pecuniary limit for filing of an appeal against an award of a Claims Tribunal, has been raised to 'one lakh rupees' from the earlier limit of 'ten thousand rupees'.
4. Contention of the counsel for the appellant is that the right to file an appeal being a vested right and having accrued on the institution of the claim petition before the Tribunal, the said right cannot be taken away or curtailed by means of a subsequent amendment, particularly, when the said amendment does not have a retrospective effect.
5. For a proper appreciation of the controversy at hand, the provisions of Section 173 of the Motor Vehicles Act, 1988, as it stood prio
The right to appeal is a vested right that cannot be retroactively altered by subsequent amendments unless explicitly stated.
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(1) Proceedings instituted before commencement of Consumer Protection Act, 2019 on 20 July 2020 would continue before Fora corresponding to those under Act of 1986 (National Commission, State Commiss....
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