Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act

When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the amendment was not applicable to claims filed prior to the amendment.

The court had put forward the question to all the counsels especially those practicing before the Motor Accident Claims Tribunal.

Mr. D Bhaskar relied on the decision of a decision of Madhya Pradesh High Court [Abdul Khair @ Abul Khair Vs. Shantilal] wherein the court had observed that since the award was passed prior to the amendment, the provisions as they existed prior to the amendment would apply. 

Mr. K Vinodh, on whose appeal the query was raised submitted that the substantive right to appeal arose on the day of filing the claim petition itself. To buttress his submission, reliance was placed on the decisions of various high courts. In the State of Punjab and Others v. Bhajan Kaur and Others the Supreme Court held that a change in the substantive law, as opposed to adjective law, would not affect the pending litigation unless the legislature has enacted otherwise, either expressly or by necessary implication.

Mr. Michael Visuvasam, while relying on precedents, also submitted that the right to appeal accrued on the institution of application before the Tribunal and this right is not taken away by subsequent enactments since what has already accrued cannot be taken away. In such circumstances, the appeal would be considered as one filed under the earlier enactment.

The court took note of the decisions relied upon by the counsels. In Ramesh Singh and another v. Cinta Devi and others, the Supreme Court had clearly laid down that the right of appeal would crystallize upon the appellant on the date of the institution of the application before the Tribunal of the first instance. Therefore, since the appeal is nothing but a continuation of the suit, it would only be the earlier enactment that would cover the lis. This legal position was followed in other legal precedents also.

In view of the same, the court directed the registry to number the appeals and post them for admission.

Click here to read/download the judgment