LAWS(MPH)-1991-12-10

GAYA PRASAD Vs. SURESH KUMAR

Decided On December 13, 1991
GAYA PRASAD Appellant
V/S
SURESH KUMAR Respondents

JUDGEMENT

(1.) FOR this Bench's opinion are referred, in two separate matters, the following two questions : M. A No. 64 of 1991 :

(2.) WHETHER the. insurer and/or the owner/driver of the offending motor vehicle or vehicles against whom an order for compensation is passed in terms of the provisions of Section 140 of the Motor Vehicles Act, 1988, has a right of appeal against that order under Section 173 of the Act ? M. M. No. 138 of 1991 :

(3.) WHETHER any appeal filed on or after June 1, 1989, challenging an order of compensation passed by the Motor Accidents Claims Tribunal in terms of the provisions of Section 140 of the Motor Vehicles Act, 1988, or the final award passed under Section 168 of the Act, can be entertained without the appellant fulfilling the requirement of the provisions contained in Section 173 of the Act of making requisite deposit of the sum contemplated thereunder ?