Koshy, J.

When the insurance company is directed to deposit the entire compensation awarded by the Motor Accidents Claims Tribunal and after satisfying the award insurance company is given the right to get reimbursement from the insured for violation of policy conditions etc. and that direction challenged in appeal filed by the co-respondent who is liable to reimburse the insurance company, whether he should deposit the amount as required under section 173(1) of the Motor Vehicles Act is the question to be considered in this order.

2. Section 173 (1) of the Motor Vehicles Act reads as follows:

“173. Appeals:- (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:

Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the High Court:

Provided further that the High Court may entertain the appeal after the expiry of the