NATIONAL INSURANCE CO LTD Vs. SENGODA GOUNDER

JUDGEMENT

(1.) The appeal has been preferred against the award of compensation of Rs. 1,08,000 against the claim of Rs. 2,50,000 for a death caused in a motor accident. The main contention urged in the appeal is with reference to the maintainability of the appeal.

(2.) According to the learned counsel for the respondents, Mr. K. Selvaraj, the award was passed on 19.11.1996 and the due date for filing of the appeal was 8.4.1997. But the appeal was filed on 21.4.1997. However, the amount required under section 173 (1) of the Motor Vehicles Act was not deposited. The receipt of deposit was filed only on 24.6.97. Thereafter, on 16.7.1997 only the certificate was produced. Hence, the learned counsel for the respondents contends that since the deposit has not been made within the period of limitation, the appeal is not maintainable. He cited the following decisions in support of his contention: (1) New India Assurance Co. Ltd. v. Birendra Mohan De, 1995 ACJ 824 (Gauhati); (2) State of Tamil Nadu v. E.P. Nawab Marakkadai, (1996) 100 STC 1 and (3) Managing Director, Thiruvalluvar Trans. Corpn. v. S. Vijaya- kumar, C.M.P. No. 138 of 1998 in C.M.A. S.R. No. 59178 of 1996, dated 6.2.1998 by Justice S. Jagadeesan.

(3.) In New India Assurance Co. Ltd. v. Birendra Mohan De, 1995 ACJ 824 (Gauhati), a Division Bench of Gauhati High Court has held that on perusal of the provision of section 173 of the Motor Vehicles Act, an appeal cannot be entertained unless and until the amount of Rs. 25,000 is deposited within the prescribed period of limitation.