ORDER As it appears certified copy of the impugned order not been filed along with the memorandum of appeal time of its presenta¬tion. Only a free copy of the award, was supplied to the parties for information and necessary action vide Memo No. 3044 dated 10.12.2007, has been filed along with the memorandum of appeal. Free copy of the award is supplied to the parties within fifteen days from the date of award as provided under Section 168 (2) of the Motor Vehicles Act (hereinafter referred to as “the Act” for the purpose of information/payment of the amount awarded within a period of thirty days of the date of award, as directed by the Tribunal, as per Section 168 (3) of the Act. A joint reading of both the provisions i.e. Sections 168 (2) and 168 (3) of the Act clearly indicates that the copy of the award is sup¬plied to the parties for the purpose of information and compli¬ance as stated above, but not for the purpose of using the same in filing the appeal challenging the same award. It need not be reiterated that once an appeal is filed chal¬lenging an order/award, the certified copy of the order/award, which is under challenge, shall have to be filed along with the memorandum of appeal at the time of its presentation. Non-filing of the copy of the award/order along with the memorandum of appeal amounts to not proper presentation of the appeal. Law is well settled that if there is no specific provision with regard to requirements for the purpose of filing of an appeal under the special Statute, provision of the Code of Civil procedure has to be followed. As per Section 173 of the Motor Vehicles Act, sub¬ject to provision of Sub-section (2), which provides that no appeal shall lie against any award of Claims Tribunal if the amount in dispute in the appeal is less than Rs. 10,000/-, an appeal can be filed in the High Court by any person aggrieved by an award passed by the Claims Tribunal within a period of ninety days from the date of award, subject to depositing Rs. 25,000/- or 50% of the amount awarded, which ever is less. 10,000/-, an appeal can be filed in the High Court by any person aggrieved by an award passed by the Claims Tribunal within a period of ninety days from the date of award, subject to depositing Rs. 25,000/- or 50% of the amount awarded, which ever is less. Nothing has been mentioned in Section 173 of the Act as to whether memorandum of appeal shall be accompanied by a copy/certified copy of the order/award as provided under Order 41 Rule 1 of the Code of Civil Procedure that the memorandum shall be accompanied by a copy of the judgment and prior to Civil Procedure Code Amendment Act (46 of 1999) it was copy of the decree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which it is founded. As provided in Section 176 of the Motor Vehicles Act, State Government may make Rules for the purpose of carrying into effect the provisions of Section 165 to 174. As per Section 176 (C) of the Act “the powers vested in a Civil Court, which may be exercised by a Claims Tribunal”. Rule 21 (2) of the Orissa Motor Vehicles Rules provides that a copy of the judgment/award appealed against shall have to be accompanied with the memorandum of appeal. A bare reading of the decisions of the Supreme Court as well as different High Courts clearly indicates that copy of the judg¬ment/decree to be accompanied with the memorandum of appeal is only the certified copy of the judgment/decree and not true copy or any copy which is supplied to the parties for the purpose of information and compliance, may be with a memo number and a date with a remark “ for compliance and necessary action.” In the case of Jagat Dhish Bhargava v. Jawahar Lal Bhargava and others reported in A.I.R. 1961 SC. 832, it has been held that as per the position of law under O.41 R.1 of the C.P. Code memo¬randum of appeal has to be accompanied by a copy of the decree appealed from and copy of the judgment on which it is founded. The requirement that the certified copy of the decree should be filed along with the memorandum of appeal is mandatory, and in the absence of the decree the filing of the appeal would be incomplete, defective and incompetent. The requirement that the certified copy of the decree should be filed along with the memorandum of appeal is mandatory, and in the absence of the decree the filing of the appeal would be incomplete, defective and incompetent. The discussion made in the body of the judgment clearly indicate that “copy of decree” means certified copy. As such after the Civil Procedure Code Amendment Act (46 of 1999) it is certified copy of the judgment, since the word “decree” has been substituted by the word ‘judgment’. As such the certified copy of the decree has to be filed along with the memorandum of appeal and then only it can be treated as proper presentation of appeal. In the case of Sri Amareswar Mahadev Bije and others v. Sri Durgadevi Thakurani and others reported in Vol. XXXII (1996) CLT 678, where certified copy of the decree was not filed along with the memorandum of appeal, following the decision of the Supreme Court in Jagat Dhish Bhargava v. Jawahar Lal Bhargava, it has been observed by his Court that:- “xxx xxx We are of opinion that this appeal is incompetent because it is well settled that the requirement under Order 41, Rule 1 Civil Procedure Code that certified copy of the decree should be filed along with the memorandum of appeal is mandatory, and in the absence of the decree the filing of the appeal would be incomplete, defective and incompetent.” “In the present case however the decree had already been drawn up one month before the miscellaneous appeal was filed in this Court without filing therewith a certified copy of the decree. Hence the plaintiffs appellants will not get the benefit of exclusion of time requisite for obtaining a copy of the de¬cree. This miscellaneous appeal is therefore clearly barred by limitation.” As such since the work “decree” has been substituted by the word ‘judgment’, the certified copy of the judgment has to be filed along with the memorandum of appeal. In the case of Ram Nath v. Kanhya Lal and another reported in AIR 1967 Punjab 204 at paragraphs 7 and 8 of the decision, it has been observed:- “(7) it is lastly contended by Mr. In the case of Ram Nath v. Kanhya Lal and another reported in AIR 1967 Punjab 204 at paragraphs 7 and 8 of the decision, it has been observed:- “(7) it is lastly contended by Mr. Kapur that in any case after an appeal has been admitted without a certified copy the requirement of the relevant rule is at an end and no appeal can thereafter be dismissed on the ground that certified copies were not filed with it. This contention of the learned counsel was also raised in Khushal Singh’s Case, S.A. No. 66-D of 1953, D/-20.10.1959 (Punj.) and did not find favour with the Division Bench. 8. In these circumstances I find no force in this appeal and dismiss the same, but without any order as to costs.” As such a conjoint reading of paragraphs - 7 & 8 of the above decision clearly indicates that the appeal submitted with¬out being accompanied by certified copy, it can be dismissed on the ground that certified copies were not filed with it. In the case of Shankuntala Devi Jain v. Kuntal Kumari and others reported in AIR 1969 SC 575 , it has been specifically held that:- “A decree and a judgment are public documents and under Section 77 of the Evidence Act only a certified copy may be pro¬duced in proof of their contents. The memorandum of appeal is not validly presented, unless it is accompanied by certified copies of the decree and the judgment.” “xxx xxx xxx But in some other Courts no separate decree is drawn up embodying the adjudication under Section 47. In such a case, the decision under Section 47 is the decree and also the judgment, and the filing of a certified copy of the decision is sufficient compliance with Order 41, Rule 1. In such a case, the decision under Section 47 is the decree and also the judgment, and the filing of a certified copy of the decision is sufficient compliance with Order 41, Rule 1. As the decision is the decree, the appeal is incompetent unless the memorandum of appeal is accompanied by a certified copy of the decision.” “We hold that the memorandum of appeal from the order dated January 20, 1967 should have been accompanied by a certified copy of the order and in the absence of the requisite copy of appeal is defective and incompetent.” Following the above two decisions reported in AIR 1969 S.C. 575 and AIR 1967 (Punj.) 204, in the case of Union of India v. M.M. Ananda and others reported in AIR 1988 Delhi 271, it has been held in paragraph-4 of the decision that:- “The word “copy” used in order XLI, Rule 1 of the Code of Civil Procedure means only a “Certified Copy”. In view of the above, filing of the certified copy of the award along with the memorandum of appeal is a must and in case certified copy of the award is not filed along with the memorandum of appeal, it can never be treated to be proper presentation of the appeal. In this case, even though certified copy of the award was not filed along with the memorandum of appeal and only free copy of the award which was forwarded to the Insurance Company for information and necessary action vide Memo No. 3044 dated 10.12.2007 was filed and no application for extension of time for filing certified copy of the award was also filed at the time of presentation of appeal. Non-filing of the certified copy of the impugned award more particularly without being accompanied by the required application in that regard amounts not proper presenta¬tion of appeal. Learned counsel for the appellant undertakes to file the certified copy of the award within a period of eight weeks hence subject to limitation, failing which this matter shall stand dismissed without further reference to the Bench. Put up this matter for further sstamp reporting on the point of limitation keeping in view the date of filing of the certified copy of the impugned award immediately after the same is filed. Appeal disposed of.