1996 (2) TMI 542 - SC - Indian Laws

Right of appeal under Old Motor Vehicles Act survives repeal by Motor Vehicles Act, 1988

RAMESH SINGH Versus CINTA DEVI

The Supreme Court held that the right of appeal under the Old Motor Vehicles Act, 1939 survives even after its repeal by the Motor Vehicles Act, 1988. The ... - Issues involved: Whether the right of appeal under the Old Act survives after its repeal by the New Act.Judgment Summary:The Supreme Court considered the issue of whether a right of appeal accrues to a claimant under the Motor Vehicles Act, 1939, even after its repeal by the Motor Vehicles Act, 1988. The case involved an accident in 1988 leading to a claim application under the Old Act, which was disposed of in 1992 after the New Act came into force. The appellant filed an appeal under the Old Act, but the High Court dismissed it for not depositing the required amount as per the New Act's provisions.The Court analyzed the relevant provisions of both the Old Act and the New Act, noting that the repealing clause preserves Section 6 of the General Clauses Act, which states the effect of repeal on rights acquired under the repealed enactment. The Court observed that the New Act does not explicitly make the relevant provisions retrospective.Referring to previous decisions, the Court held that unless the New Act expressly or implicitly applies retrospectively, the right to appeal crystallizes upon filing the application in the first instance tribunal, and this vested right of appeal is not affected by the enactment of the new law. Therefore, the appellant was entitled to file the appeal without making the deposit required by the New Act.Consequently, the Court allowed the appeal, setting aside the High Court's judgment and directing the matter to go back to the High Court for disposal without insisting on the deposit. No costs were awarded in this case.