PRAKASH Vs. PRAMOD

JUDGEMENT

(1.) APPLICANT Prakash dnyaneshwar Dhawale filed an appeal under section 173 of the Motor Vehicles act, 1988 challenging the judgment and award passed by the Member, Motor Accidents Claims Tribunal, Wardha, in Motor accidents Claims Case No. 33 of 1990 whereby it is ordered by learned Member of the M. A. C. T. that the original nonapplicant/present appellant should pay compensation amount of Rs. 18,000 to the applicants jointly and severally along with interest at the rate of 12 per cent per annum from the date of the application till realization of the said amount along with proportionate costs. The above said judgment and award dated 23. 9. 1993 was challenged by the present appellant before this court in F. A. St. No. 1559 of 1995 under section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for purposes of brevity ).

(2.) AT the time of filing the appeal, in view of rule 12-A of Chapter IV of the bombay High Court Appellate Side Rules, 1960 (hereinafter referred to as 'the Rules' for the purposes of brevity) the appellant deposited Rs. 9,000 in this court. Rule 12-A was introduced in the Rules by the amendment dated 18. 12. 1990. Rule 12-A reads as under:

(3.) IN this context it would be appropriate to refer further section 173 of the act which reads as under: