Order : 1. Office has pointed out a defect that the compensation certification has not been filed by the appellant-Insurance Company. 2. An application for dispensing with the requirement of filing of the compensation certificate has been filed on behalf of the appellant. 3. It has been submitted that the compensation certificate in terms of Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act of 1988’) has already been filed by the Insurance Company in S.B. Civil Misc. Appeal No.2878/2024 which was preferred against the order dated 18.07.2024 passed in terms of Section 140 of the Act of 1988. 4. Learned counsel for the appellant submits that the order dated 18.07.2024 has merged into the final award dated 19.12.2024 which is under challenge in the present appeal and hence, the requirement of filing of the compensation certificate be dispensed with. 5. Section 173(1) of the Act of 1988 provides as under: “ 173. Appeals.— (1) Subject to the provisions 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 percent of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.” 6. In view of the above provision, this Court is of the clear opinion that the requirement of depositing Rs.25,000/- or 50% of the award amount, whichever is less, is for the purpose to maintain an appeal. 7. Admittedly, the earlier Appeal No.2878/2024 was filed against the order dated 18.07.2024 passed in terms of Section 140 of the Act of 1988 and the present appeal has been preferred against the final award dated 19.12.2024. The present is a fresh appeal against the final award and therefore, it cannot be concluded that the compensation certificate as filed in the earlier appeal would satisfy the requirement of Section 173(1).
The present is a fresh appeal against the final award and therefore, it cannot be concluded that the compensation certificate as filed in the earlier appeal would satisfy the requirement of Section 173(1). The present being a fresh appeal, the compliance of Section 173(1) of the Act of 1988 is essential and hence, requirement of filing of compensation certificate cannot be dispensed with. The application is hence, dismissed 8. Let the compensation certificate be filed within a period of one week. On the same being filed, let the appeal be listed for admission. 9. Learned counsel Mr. Abhishek Agarwal on behalf of counsel Mr. T.C. Sharma puts in appearance in caveat for respondents-claimants. Let the memo of appeal be served on him.