IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 MACA.No. 2374 of 2010() ----------------------- ( O.P.(MV)NO.774/2003 OF MACT, THALASSERY) APPELLANT(S): 1ST RESPONDENT ---------------------------- MURALEEDHARAN.S., SHANTHI BHAVAN, P.O., EACHUR, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): PETITIONER AND 2ND RESPONDENT -------------------------------------------- 1. PRADEEP KUMAR.P.C., AGED 34 YEARS, S/O. KARUNAKARAN, PARVATHY NILAYAM, P.O. KOLACHERRY, KANNUR DISTRICT. 2. UNITED INDIA INSURANCE CO. LTD., KANNUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.3084 OF 2010 & M.A.C.A.No.2374 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2010 JUDGMENT Basheer, J. This appeal has been preferred with a delay of 201 days. When the delay petition was taken up for consideration on November 25, 2010, it was noticed that the appellant had not made the statutory pre-deposit as stipulated under the first proviso to Section 173 of the Act. On that occasion, learned counsel for the appellant prayed for some time to get instructions. Therefore, the case was adjourned to December 8, 2010. On that day also, learned counsel sought for an adjournment, which was granted. 2. Today when the case is taken up, a request is made on behalf of the appellant to adjourn the case. 3. Appellant is admittedly the owner-cum-driver of the two wheeler which was concededly involved in the accident which resulted in the claim petition. The Tribunal found the appellant liable to pay the compensation to the claimant since it had come out in evidence that he MACA.No.2374/2010 2 had been riding the two wheeler without a licence. The Tribunal therefore exonerated the Insurance Company from the liability to indemnify the owner and held that the rider, the appellant, was liable to pay the compensation. Going by the first proviso to Section 173 of Motor Vehicles Act, the appellant has to necessarily make the statutory pre-deposit. Since the appeal is preferred without making the deposit, it cannot be entertained. Therefore, the delay petition and the appeal are rejected. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2374/2010 2