ORAL JUDGMENT

1. The Insurance Company has challenged the order dated 26.02.2024 passed by MACT (Auxi)

Kutch-Bhuj in Motor Accident Claims Petition No.

306 of 2022, passed below Exh.16.

2. Learned advocate Ms. Mausami Nanavaty, submitted that the Insurance Company would be willing to deposit the order of cost of Rs.5000/- with District Legal Service Authority, as the compliance of the order would be in view of the adherence to the object of the benevolent act.

3. Learned advocate Ms. Nanavaty submitted that the order impugned, notes that in non deposit of the amount the defence of the Insurance Company would be struck off. Learned advocate Ms. Nanavaty stated that such direction in the order would now become non-existence, since the amount of Rs.5000/- has already been deposited before the concerned authority.

3.1 Ms. Nanavaty referred to the Division Bench judgment of this Court in the case of Pravinsinh Himmatsinh Solanki Vs. Induben Solanki reported in 2017(3) GLR 2032, wherein it is observed that in case of striking off defence, an opportunity has to be given for resonable time period to deposit the amount and on failure to make such payment, in that case the petition can be dismis