- (1.) REFERENCE is invited to a Division Bench Judgment dated 30th January, 2002 passed in M.A. No. 57/2001. It is submitted that even though the vehicle in question did not carry with it any valid insurance as on the date of accident, the appellant has paid the amount under Section 140 of the M.V. Act. - - - -
(2.) BASED on the relevant observations made in the aforesaid Division Bench judgment dated 30th January, 2002 in M.A. No. 57/2001, while dismissing this appeal, we permit the appellant to raise all pleas before the Tribunal which are available to it relating to the validity or existence of insurance policy with respect to the vehicle in question. Shri G.C. Jha, learned counsel appearing for the appellant prays that the statutory amount of Rs. 25,000/ - as deposited by the appellant in this Court in terms ofthe provision in Section 173 of the M.V. Act, 1988 be returned to the appellant because the appellant has already paid to the claimant the awarded amount of Rs. 50,000/ -as per the award passed under Section 140 of the M.V. Act,
(3.) WE are indeed surprised at the submission made by Shri Jha. We are saving so because what we find is that there was actually no requirement in law to deposit any statutory amount in this Court at the time of filing of this appeal if indeed before the filing of the appeal the appellant had paid the awarded amount to the claimants or deposited the same before the Tribunal.;