KABLA SINGH Vs. KAILASH KUMARI

JUDGEMENT

(1.) ON this appeal coming up for consideration, learned counsel for the insurance company had raised a preliminary objection that appellant's appeal questioning Motor Accidents Claims Tribunal, udhampur's award of 13. 11. 2006 for an amount of Rs. 5,99,496 along with interest at the rate of 7. 5 per cent per annum against the appellant owner, was not maintainable because the appellant had not deposited requisite statutory amount of rs. 25,000 in terms of section 173 of the motor Vehicles Act, 1988, in the court at the time of presentation of the memo of appeal.

(2.) MR. V. B. Gupta, learned counsel for the appellant, on the other hand, submits that the appellant has deposited the amount in terms of the order of the court giving him liberty to deposit the amount and that the non-deposit of amount at the time of presentation of the memo of appeal would not affect the maintainability of the appeal.

(3.) I have considered the submissions of learned counsel for the parties.