S SIBA RAO Vs. NABIN MAHAKUR

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THE appellant has filed this application to exempt him from paying the statutory deposit.

(3.) PERUSAL of the file clearly spells out that the appellant has not made statutory deposit of Rs.25,000/ - as per the requirement of Section 173 of the M.V. Act, 1988 for maintaining this appeal. Learned counsel for the appellant has urged that since the liability of the Insurance Company at the first instance has been fixed by the Tribunal, therefore, the appellant, who is the owner of the vehicle in question is not required to deposit the statutory deposit of Rs.25,000/ - for maintaining this appeal and he filed an application for exempting the appellant from making the statutory deposit of Rs.25,000/ -. But at a later stage, he also undertook to deposit the amount and number of opportunities were granted to him but so far the statutory deposit has not been made.