- (1.) The question referred to this Court for answer by the learned single Judge vide order dated 10.6.2005 reads as follows : Whether an appeal under Section 173 of the Motor Vehicles Act, 1988, without the statutory deposit but otherwise filed in time, can be entertained if such deposit is eventually made beyond the period of limitation without the delay being condoned by the Court?
(2.) We have heard Mr. S.N. Sarma, learned Counsel for the appellant and Mr. M. Bhuyan, learned Counsel for the respondents. M.A.C. Appeal No. 38 of 2005 has been preferred against the award dated 15.10.2004 passed by the Motor Accident Claims Tribunal, Kamrup in M.A.C. Case No. 809/1995 directing the appellant to pay an amount of Rs. 2,00,000/- as compensation for accidental death of Smt. Julima Rose involving a bus pressed into service by the appellant on hire.
(3.) Being aggrieved thereby, the appellant has preferred M.A.C. Appeal No. 38 of 2005 controverting the legality and propriety of the judgment on various grounds set forth in the memo of appeal.;