(1.) This appeal was admitted by order dated 4-1-93 and it was clearly recorded that as this appeal was filed under the old Act, the amount mentioned in S. 173 of the Motor Vehicles Act, 1988 need not be deposited. Subsequently, the claimant-respondent approached this court that in view of the 1st proviso to Sub-Sec. (1) of S. 173 of the M. V. Act, 1988, the appellant is bound to deposit the amount as provided in that proviso.
(2.) After admission of this appeal. I have got serious doubt as to whether this point can be taken at this stage. But as this point has been taken and as there is no decision of this court, the matter was heard at length.
(3.) Heard Mr. Munir, learned counsel for the appellant, Mr. Goswami for claimant-respondent and Mr. Barkataki for the insurance company.