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1996 Supreme(P&H) 582

S.S.SUDHALKAR, G.S.SINGHVI
Sohan Singh – Appellant
Versus
Kushla Devi – Respondent


Judgment

G.S.SINGHVI, J.

1. An important issue which has arisen for determination by this Court in view of the office objection raised to the entertainability of the appeal is whether an appeal filed by a party against an award of the Motor Accident Claims Tribunal can be entertained by a Court without compliance of the proviso to S. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act).

2. Feeling aggrieved by the award dated 1-4-1995 passed by the Motor Accident Claims Tribunal, Chandigarh, appellant-Sohan Singh, driver of bus No. HP-20-0601 filed this appeal on 3-7-1995. Registry of this Court raised an objection to the entertainability of the appeal on the ground that the appellant has not deposited Rs. 25,000/- as required by the proviso to S.173(1) of the Act. Learned counsel for the appellant submitted a reply to the said objection by stating that an amount of Rs. 25,000/- has been deposited vide bank draft No. 01/c-135040 dated 7-6-1995 in a connected appeal by the Himachal Pradesh Road Transport Corporation against the same award and, therefore, it was not necessary for the appellant to deposit Rs. 25,000 / -.

3. Shri H. S. Gill, learned senior Advocat



















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