Accrued right and limitation law: condonation of delay governed by the Motor Vehicles Act, 1988 after repeal.

On repeal of the Motor Vehicles Act, 1939 and substitution by the Motor Vehicles Act, 1988, the law governing condonation of delay in a claim petition was held to be the law in force when the delay arose. Although the limitation period for filing the claim remained six months under both enactments, the 1988 Act withdrew the power to condone delay beyond that period. Section 6 of the General Clauses Act, 1897 did not preserve a mere liberty or expectation to seek condonation as an accrued right, because no pending condonation proceeding existed at repeal. The restriction in section 166(3) of the 1988 Act therefore applied.

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Issues: Whether, on repeal of the Motor Vehicles Act, 1939 and substitution by the Motor Vehicles Act, 1988, the appellant's application for condonation of delay in filing a claim petition was governed by the new Act, and whether the benefit of the earlier law could be preserved as an accrued right under section 6 of the General Clauses Act, 1897.

Analysis: The period of limitation for filing the claim remained six months under both enactments, but the new Act imposed a restriction that delay beyond six months could not be condoned. The right to claim compensation itself was not taken away by the repeal; only the procedural facility to seek condonation of delay was in question. Section 6 of the General Clauses Act, 1897 did not preserve that facility because no pending proceeding for condonation existed at the time of repeal and a mere liberty or expectation to apply for condonation is not an accrued right or privilege. The governing principle is that procedural law applies to pending or future procedural steps unless a vested right is affected, and the relevant law for condonation is the law in force when the delay occurs. Since the application for condonation arose after the new Act came into force, the restriction under section 166(3) of the Motor Vehicles Act, 1988 applied.

Conclusion: The application for condonation of delay was governed by the Motor Vehicles Act, 1988, and delay beyond six months could not be condoned. The decision against the appellant was upheld.

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