In a single bench decision of the Madras High Court, it was held that appeal against Award passed under Motor Vehicles Amendment Act, 2019 of less than a lakh can be entertained on claim petitions filed prior to 01.04.2022.
An office note was placed before this Court, as the Registry has raised a doubt as to whether an appeal whose value is over a sum of Rs.1,00,000/- can be entertained by this Court in view of the amendment to the provisions of Section 173(2) in and by which the sum of Rs.10,000/- has been substituted by a sum Rs.1,00,000/- as per the Motor Vehicles Amendment Act, 2019 dated 09.08.2019 with effect from 01.04.2022.
A perusal of Section 173 of Amendment Act, 2019; “pre and post amendment” would show that except for substituting the sum of Rs.10,000/- with the sum of Rs.1,00,000/- in Section 173(2), the provisions of Section 173 remain intact. The Amending Act 32 of 2019 has provided that the various provisions of the Act that have been amended would come into force on the date as notified by the Central Government. With reference to amendment to the provisions of Section 173, Section 57 of the Amendment Act, 2019 was notified on 25.02.2022 to come into force with effect from 01.04.2022.
The doubt that has been raised by the Registry is whether the appeals that are filed post 01.04.2022 whose value is less than Rs.1,00,000/- can be entertained and registered by this Court.
D.Bhaskar, Counsel who appeared for the insurance company produced a Judgment of the Madhya Pradesh High Court, Abdul Khair @ Abul Khair Vs. Shantilal, wherein it was observed that since the Award has been passed even prior to the amendment, the provisions as it existed prior to the amendment would apply in respect of the appeals and that the provisions of the 1988 Act.
Justice P T Usha observed that “Therefore, considering the march of Law in this regard, the filing of an appeal against an Award of less than a sum of Rs.1,00,000/- can be entertained in respect of appeals arising out of claim petitions filed prior to 01.04.2022.”
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