KAMLESH Vs. MADAN SINGH

JUDGEMENT

(1.) MR. M. S. Jain, learned counsel for the appellant. Learned counsel is heard on LA. No. 5598 of 2006.

(2.) THIS is an application for dispensing the appellant with the need of depositing the statutory deposit under the provisions of section 173 of the Motor Vehicles Act, 1988 ('the Act' hereinafter ). It is submitted by the learned counsel for the appellant that the appellant is the owner of the concerned motor vehicle and learned Tribunal has directed the insurer to first make the payment and may then recover it from the owner. He has submitted that under these circumstances the first proviso attached to section 173 of the Act is not attracted, therefore, this application may be allowed. He has relied upon Abdul Rahiman v. Rajan, 2005 ACJ 682 (Kerala), therein it has been held as under: