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TMI Blog1996 (2) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... w Act? The brief facts are that an accident took place on 27.5.1988 which gave rise to a claim for a compensation under the Old Act. The claim application was filed on 23.12.1988. Thereafter the New Act came into force with effect from 1.7.1989. The claim application which was instituted under the Old Act was disposed of on 29.6.1992 after the New Act came into force. That gave rise to a right to file an appeal. The appeal was preferred under the Old Act on 25.9.1992. However, the Division Bench of the High court by the impugned order dismissed the appeal on the ground that the appellant had not deposited the amount as required by the proviso to section 173 of the New Act. Section 173 of the New Act, insofar as is relevant for our purposes, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epeals. Section 6. Effect of repeal. - Where this Act, or any [Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then unless a different intention appears, the repeal shall not (a) revive anything not in force or existing at the time at which the repeal takes effect; or; (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affeet any penalty forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the application in the Tribunal of first instance and that vested right of appeal would not be dislodged by the enactment of the new Act. In other words, the appellant would be entitled to file the appeal without being required to make the deposit under the proviso to Section 173 of the New Act. The law, therefore, seems to be fairly well settled by the said three decisions of this Court. In the result, the appeal succeeds. The impugned judgment of the High Court dismissing the appellant's appeal against the award made by the Tribunal is set aside. The matter will go back to the High Court for disposal of the appeal in accordance with law without insisting on deposit of the amount. There will, however, be no order as to costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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