JUDGMENT This appeal has been preferred u/s. 173 of the Motor Vehicles Act against the grant of an award by the Court below amounting to Rs. 25,000/- Neither the amount of the award nor 50% thereof has been paid or deposited. The appellant has not complied with the first proviso to section 173 which reads as below:- "provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twentyfive thousand rupees or fifty percent of the amount so awarded, whichever is less, in the manner directed by the High Court." Second proviso permits the Court to entertain the appeal after the expiry of ninety days, if it is satisfied that the appellant was prevented by some sufficient cause from preferring the appeal in time. The result is that the Legislature has thought it fit to give some relaxation to the appellant under the second proviso so far the period of limitation of filing the appeal is concerned with in ninety days. No such relaxation has been provided in case the first proviso is not complied with. The Legislature in its wisdom thought it fit to use the words- "that the appeal shall not be entertained" unless the appellant has deposited with it twenty five thousand rupees or 50% of the amount so awarded. In this case the award has been granted for an amount of Rs. 25,000/-. The appellant, having been failed to comply with the first proviso has to suffer the consequences and the appeal cannot be entertained what to speak of itself. The appeal is consequently, not fit to be entertained even what to speak to be heard on merits. The appellant has to thank himself for the situation. The appeal is not entertainable because of the failure of the appellant to make the deposit as required. The appeal is rejected on this very ground. Records be consigned.