Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 1044 (PNJ)

Rati Ram v. Vidya Devi

2014-07-10

JITENDRA CHAUHAN

body2014
JUDGMENT Mr. Jitendra Chauhan, J.: - This appeal has been filed by the appellant-driver against the award dated 01.12.1998 passed by Motor Accident Claims Tribunal, Karnal (for short ‘the Tribunal’). 2. The appellant has not deposited the statutory amount alongwith the file. The appellant sought exemption to deposit the amount. 3. On 2.08.1999 the following order was passed:- “Counsel request for time to enable him to deposit the sum of Rs.25,000/-. Adjourned to 16.08.1999". 4. The learned counsel for the appellant sought time to enable him to deposit the statutory amount of Rs.25,000/- but till date he has failed to comply with the order despite lapse of long time. 5. Heard. 6. Section 173 of the Act reads as under:- 173. Appeals.- (1) Subject to the provision of sub-Section (2) any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court. 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 twenty five thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the High Court”. 7. Thus, it is clear from the perusal of the above section that depositing of statutory amount is mandatory and a precondition to entertain the appeal against an award of the Claims Tribunal, by this Court. There is no provision in the Act for exemption of depositing the statutory amount. 8. In the circumstances, this Court is not inclined to go into the merit of this case and the present appeal is summarily rejected for want of deposit the statutory amount. 9. Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of. —————————