MAHENDRA SINGH @ VIRENDRA SINGH Vs. ANIL SINGH DEVDA

JUDGEMENT

(1.) The appellant/claimant has filed this appeal under Sec. 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation of Rs.10,000.00 in addition to the amount of compensation 1,23,480/-awarded by Third, Motor Accident Claims Tribunal, Mandsaur in claim 57/2013 vide award dtd. 30/9/2014. In the present appeal, respondent No.1 being the owner and driver of the offending vehicle has filed a cross-appeal. A copy of the appeal had been supplied to Shri Dandwate on 12/12/2019 and thereafter on 27/1/2020, he sought time to file a reply to the cross objection.

(2.) Shri Dandwate learned counsel for respondent No.2 Insurance company submits that even in the cross appeal filed by the owner and driver challenging the impugned award he is liable to deposit amount of Rs.25,000.00 as required under Sec. 173 of Motor Vehicle Act.

(3.) Shri Malpani appearing for respondent No.1 submits that he has already deposited an amount of Rs.25,000.00vide D.D. No.7480 dtd. 29/1/2018 before the IIIrd MACT and the copy of the application and photocopy of the DD have already filed in this appeal. In such a situation, Shri Dandwate submits that cross-appeal may be admitted for a final hearing.