NEW INDIA INSURANCE CO.LTD Vs. GEETA DEVI

JUDGEMENT

(1.) IT is appears that probably some miscomprehension has converted into a practice, which needs to be corrected and rectitied u/s. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). It has been requested that the amount, which has been deposited as condition precedent in filing an appeal u/s. 173. of the Act. be directed to be refunded as the matter has been dismissed. This submission is without any substance in view of the clear provision of Sec. 173. of the Act.

(2.) SECTION 173. of the Act.deals with appeal against the order of the Tribunal in case of an appeal being filed under the Act, which reads here -as -under: '' 173. Appeal. ''

(3.) THE second proviso to Sec. 173 makes further provision that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. The said proviso is not material for the purpose in question.