JUDGMENT 1. - This is an appeal by the appellant, The New India Assurance Company Ltd., against in interim award dated 19.12.1992 of the Motor Accident Claims Tribunal, Additional District Judge, Hindaun city. The said award has been made under section 140 of the Motor Vehicles Act, 1988 and the said provision is in respect of no fault liability . It will appear from the interim award that has not been disputed that the vehicle was insured with the appellant herein though its liability to pay the amount was disputed on other grounds. 2. Along with the appeal-proof of payment of 50% of interim award has not been furnished. An application has been filed that the appellant be exempted from filing certificate/ cash receipt of payment as provided under section 173 of the Motor Vehicles Act, 1988 (for short MV Act). I am afraid no such power is vested in the court. A bare reading of section 173 and more so its first proviso will show 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 twenty-five thousand rupees or fifty percent of the amount so awarded, whichever is less in the manner directed by the High Court. Therefore, deposit of the amount under the aforesaid first proviso of Section 173 of the MV Act is a condition precedent for entertaining the appeal and the court had no power to exempt the deposit of the aforesaid amount. 3. Admittedly, the amount has not been deposited and no exemption cat be granted by this court. The appeal, therefore, cannot be entertained by this Co. The appeal is dismissed summarily.Appeal dismissed. *******