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2009 DIGILAW 2114 (PNJ)

Amar Singh v. Harchet Singh

2009-12-07

RAKESH KUMAR GARG

body2009
Judgment Rakesh Kumar Garg, J. 1. this is owners appeal challenging the impugned award. 2. This appeal has been filed without depositing a sum of Rs. 25,000/- as envisaged under Section 173 of the Motor Vehicles Act, 1988 . Prayer for granting exemption to the appellant from depositing the aforesaid amount was declined vide order dated 10.11.2009. 3. Amount of Rs. 25,000/- as aforesaid has not been deposited. The right to file an appeal is a statutory right and the same can be exercised as per the statute. 4. The deposit of the aforesaid amount is a prerequisite for maintaining this appeal before this court. Thus, I find that the present appeal filed on behalf of the appellant is not properly constituted and, therefore, is not maintainable. Dismissed. 5. Since the appeal is being dismissed being not maintainable, the cross- objections filed on behalf of the respondents do not survive and are dismissed as such. However, the respondent-claimants are free to file an appeal in accordance with law. Appeal dismissed.