Case: MANOJ GUPTA Vs. HASEEN BANO & ORS

1. Leave granted. 2. By its order dated 01.08.2018, the Motor Accident Claims Tribunal, Delhi awarded a sum of Rs. 19,21,000/- and directed respondent Nos.1 & 2 in the petition to pay said compensation with interest @ 9% per annum. 3. In an appeal preferred therefrom, the High Court by its order dated 10.12.2018 directed the appellant to deposit the entire awarded sum alongwith interest with the Registry of the High Court within six weeks from the date of the order. The view so taken by the High Court is presently under appeal. 4. Our attention was invited by the learned counsel for the appellant to section 173 of the Motor Vehicles Act, 1988. Said Section reads 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 per cent. 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. (2) No appeal shall lie against any award of a Claim 5. The intent of the proviso to the aforesaid Section 173 is very clear in that no appeal is to be entertained by the High Court unless the person has deposited a sum of Rs. 25,000/- or 50% of the amount awarded whichever is less. 6. Going by the language of Section 173, the direction to deposit the entire awarded sum was not correct.

Decision:
1[ds]5. The intent of the proviso to the aforesaid Section 173 is very clear in that no appeal is to be entertained by the High Court unless the person has deposited a sum of Rs. 25,000/- or 50% of the amount awarded whichever is less.6. Going by the language of Section 173, the direction to deposit the entire awarded sum was not correct.