PAREETH Vs. JANAIYA

JUDGEMENT

(1.) These matters have been referred to the Full Bench in the light of the apparent conflict of the views expressed in the judgments Abdul Rahiman v. Rajan, 2004 2 KerLT 1113 and Sridharan v. Prasad, 2011 3 KerLT 19The legal issue that comes up for consideration is in regard to the true interpretation of the first proviso to S. 173 of the Motor Vehicles Act, 1988 (for short "the Act"). In these cases appeals have been filed by the respective appellants who are parties before the Motor Accidents Claims Tribunal. The contention raised is that when there is a direction in the respective awards, to the insurer to pay the amount awarded as compensation to the claimant, and when an appeal is filed by the owner (or driver as the case may be) challenging the direction to recover the amount from him, is it necessary to make a pre-deposit to maintain the appeal in tune with the proviso to S. 173 of the Act In the decision Abdul Rahiman s case, 2004 2 KerLT 1113 a Division Bench of this Court held, in an appeal filed by the owner, that when the insurance company is directed to deposit the entire amount of compensation awarded by the Tribunal and the company is given the right to get reimbursement of the amount from the insured, the first proviso to S. 173 of the Act regarding pre-deposit is not applicable.

(2.) In the subsequent decision in Sridharan s case, 2011 3 KerLT 19, after relying upon the decision of the Apex Court in Trilochan Singh v. Kanta Devi & Ors., 2000 9 SCC 223, another Division Bench held that so long as the ultimate liability to satisfy the award is there on the person who files the appeal, even if the Tribunal has directed the insurance company to deposit the award amount, the requirement to make pre deposit in the appeal has to be complied with.

(3.) We heard learned counsel for the appellants Shri Jose Matheikel, Shri P.C. Chacko, Shri P.V. Kunhikrishnan, Shri Johnson Gomez and Shri P.K. Ravi Sankar and learned counsel for the insurance company Shri Ajith Kumar, Shri Jacob Murickan and Smt. P.K. Santhamma.