UNITED INDIA INSURANCE CO LTD Vs. RAVI

JUDGEMENT

(1.) This is a petition to condone the delay of 130 days in representing the appeal after curing the defects. Appeal was filed on 16.1.2004 without producing evidence for deposit of the amount required under the proviso to S.173(1)of the Motor Vehicles Act, 1988. Receipt was produced subsequently. That shows that cheque for Rs. 25,000/-dated 18.3.2004 was deposited before the Motor Accidents Claims Tribunal on 2.4.2004.

(2.) First proviso to S.173(1) reads as follows:

(3.) In Baby v. Shyni ( 2000 (1) KLT 718 ), a Division Bench of this Court, after considering various decisions, held that the deposit of Rs.25,000/- or 50% of the amount awarded whichever is less is a mandatory condition for entertaining the appeal. In M/s. Lakshmiratan Engineering Works Ltd. v. Assistant Commissioner I, Sales Tax & Anr. ( AIR 1968 SC 488 ), the Supreme Court was considering the meaning of the word 'entertain' in S.9 of the U.P. Sales Tax Act and R.66(2) of the Rules framed thereunder. The Supreme Court held that when the proviso to the above section speaks of entertainment of the appeal, it means that appeal, even if was filed, will not be admitted for consideration, unless there is satisfactory proof available of the making of the deposit of the admitted tax. After considering various case laws, the Supreme Court held as follows: