NATIONAL INSURANCE CO LTD Vs. NIRANJAN MANNA

JUDGEMENT

(1.) A Preliminary issue for consideration has been brought to the notice of this Court by the Claimants-Respondents regarding the maintainability of this appeal at the stage of the admission of it. The Appellant is the National Insurance Company Ltd. which has been directed by the Motor Accidents Claims Tribunal, West Tripura, Agartala to deposit the awarded amount of Rs. 1,54,000/- with simple interest @ 12% per annum w.e. from 31.8.90 to the said Tribunal for payment to the claimants without delay by an award/judgment dated 22.12.95 passed by the Motor Accident Claims Tribunal, West Tripura Agartala (Tribunal No. 4) in T.S. (MAC) 158/90. Being dis-satisfied with the impugned judgment and award dated 22.12.95 passed by the learned Claims Tribunal, the Appellant-Insurance Company preferred an appeal before this Court. The said appeal has been registered as Case No. F.A. (MACT) 46 of 1996.

(2.) The appeal was presented/filed on 20.3.96. At the time of filing of the appeal on 20.3.96, the Appellant has not made the required deposit of Rs. 25,000/- or 50% of the amount awarded, whichever is less. This has given raise to doubt about te maintainability of appeal. However, the Appellant has deposited an amount of Rs. 25,000/- on 12.4.96 to this Registry by a cheque bearing No. 0073899 dated 29.3.96 in connection with the present appeal to the Registry of this Bench. In the mean time the Appellant filed an application for condonation of delay on 24.4.96 in depositing of the amount of Rs. 25,000/- by cheque as mentioned above as required under Section 173 of the Motor Vehicles Act, 1988. In the said application for condonation, the Appellant stated that the appeal was filed on 20.3.96 before the expiry of the period of limitation as the due date of expiry of the appeal fell on 1.4.96. The Appellant went on to state that the said cheque was deposited for the purpose of the appeal after 10 days from the date of expiry of the period of limitation. The ground for delay in depositing the said amount of Rs. 25,000/- after 10 days from the date of expiry of the period of limitation has been shown by the Appellant in the said application.

(3.) As per provisions of law contemplated under Section 173 of the Motor Vehicles Act, 1988, appeal is required to be filed before the High Court by the person aggrieved by an award of a Claims Tribunal within 90 days from the date of the award. Power is given to the Court to entertain the appeal even after the expiry of the said period of 90 days, if it satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. But the appeal shall not be entertained by the High Court unless the person who is required to pay an amount in terms of the award has deposited with it Rs. 25,000/- or 50% of the amount so awarded, whichever is less, in the manner directed by the High Court,