IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS 26TH DAY OF SEPTEMBER, 2011 BEFORE THE HON BLE MR. JUSTICE H.G.RAMESH MISCELLANEOUS FIRST APPEAL NO, 2040 OF 2009 BETWEEN L 1. MALIKSAB S/O PASHASAB AGED ABOUT 49 YEARS, 0CC: NIL R/O KATENAHALLI LAMBANI HAVrI, MANDALUR POST DAVANAGERE TALUK AND DISTRICT APPELLANT (By Sri.LOKESH MALAVALLI. ADVOCATE) AND 1. SHANTHABAI W/O. MAHADEVA NAIK AGED ABOUT 61 YEARS, 0CC: NIL R/O. KATENAHALLY, LAMBANI THANDA, MANDALUR POST, TQ AND DIST DAVANAGERE 2. THE MANAGER NATIONAL INSURANCE CO LTD BRANCH AT MELAGIRI PLAZA M C C,, B BLOCK DENTAL COLLEGE ROAD DAVANAGERE—2 ... RESPONDENTS (By Sri.B V PRAKASH ANGADI, ADVOCATE FOR Ri SMT. H. R. RENUKA, ADVOCATE FOR R2) Iw_ t In’_ S!i*h o MFA.No.2040/09 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.0L2009 PASSED IN MVC NO.54/2008 ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SR.DN.) & ADDITIONAL MACT, DAVANGERE, AWARDING A COMPENSATION OF RS.94,000/- WITH INTEREST 6% P.A. FROM THE DATE OF PETITION TILL REALISATION. This Miscellaneous First Appeal is coming on for orders this day, the Court made the following: ORDER The statutory deposit contemplated under the first proviso to sub-section (1) of Section 173 of the Motor Vehicle Act, 1998, is mandatory. Therefore, the appellant has to comply with the said proviso. Accordingly, the appellant has to deposit Rs,25,000/- with this Court. He is granted four weeks’ time, as prayed for, to comply with the statutory requirement. If the deposit is not made within four weeks from today, the appeal shall stand dismissed without any further orders in that behalf. Sd/ - JUDGE T By: KTY RBy:- CBy:4’ c -...) __/ Auktaat Regiatr- Sfh Court of Krat b*jt-J a.