Judgment Samir Kumar Mookherjee, J.: 1. In view of the Stamp Reporter's report, a question had arisen in this matter as to whether in the present case, the proviso to s. 173(1) of the Motor Vehicles Act, 1988, is attracted or not. 2. We heard Mr. Das, on behalf of the appellant, to satisfy as to, prima facie maintainability of the appeal without such compliance. The Motor Vehicles Act, 1988, became operative with effect from 1st July, 1989. Though in the instant case, the accident took place on 26th June, 1989, the claim petition is stated to have been presented on 11th November, 1989, that is, posterior to the coming into operation of the present Act. According to the ratio laid down by the Apex Court in the case of Keshibi vs. Mahadev, reported in AIR 1965 SC 703 , the right to file an appeal becomes vested on the date the petition for claim is presented, The question of divestation of a vested right by applying the present Act does not arise in spite of the accident having occurred earlier than the date when the Act came into operation because upon application of the test laid down by the Supreme Court, the right to apply got vested not before 11th November, 1989, by which time the Act had already come into operation. We are, therefore, of the view that the compliance with the provisions of s. 173(1) proviso of the Motor Vehicles Act, 1988, in this case, becomes •necessary and, accordingly; we direct that the appellant would make the deposit within two weeks, as prayed for, after reopening of the court after the summer holidays and will have liberty to mention the - application for interim relief only after the necessary deposit has been made. 3. For guidance of the Stamp Reporter, we direct that where the claim petitions are found to have been presented earlier than the date of coming into operation of the Motor Vehicles Act, 1988, compliance with s. 173(1) proviso of the Motor Vehicles Act, 1988, will not be necessary. 4. Let a copy of this order be sent down to the Stamp Reporter for necessary action. A. B. Mukherjee, J.: I agree. Application disposed of.