© IN THE HIGITCOURTOF CHHATTISGARH AT BILASPUR APPELLANT NON-APPLICANT J< ^iiiiiiimi RESPONDENTS CLAIMANTS M.A.(C) N0. t ?>7/2011 OfvtefOft Bench Somar Sai Prajapati s/o Devshankar Prajapati, aged 40 years, r/o village Karaunti, Post Dawna, District Surguja (C.G.) (OWNER) VERSUS : 1 Fulwa Devi wd/o Late Ishwar Prasad Gupta, age 40 years. 2 Bhola s/o Late Ishwar Prasad Gupta, age 15 years. 3 Ku. Asha d/o Late Ishwar Prasad Gupta, age 14 years. 4 Ku. Madhu d/o Late Ishwar Prasad Gupta, age 12 years 5 Badhan Sao s/o Late Shivnarayan Sao, age 65 years. ^Respondent No.2 to 4 Minor, through Guardian and mother Fulwa Devi. All r/o village Duga, P.S. Bhatgaon, District Surguja, C.G. MISC.APPEALU/S. 173 OF M.V.ACT FOR ENHANCEMENT ^'W1I/ ^re»- °^^...^(^^/r i;u^y^.r-.ri,. I*«v< u I ^-r"^ 1 ti ^..^-;%:S| J "a y ^. ^^,.. ^ HIGH COURT OF CHHATTISGARH : BILASPUR M.A. (C) No. 837 of 2011 Appellants Somar Sai Prajapati Versus Respondents Fulwa Devi MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'bleShriI. M. Quddusi & Hon'ble Shri G. Minhajuddin, JJ v "Shri Atnu Ghosh, Advocate for the appellant. ORDER(Oral) ( Passed on this 17th day of October, 2011 ) Per I. M. Quddusi J. The instant appeal, filed by the appellant/owner ariscs from the impugned award dated 17.3.2011, passed by the Second Additional Motor Accident Claims Tribunal (FTC), Soorajpur, District - Surguja in Claim Case No. 76/2008, awarding a sum of Rs. 3,67,OOO/- to the claimants, holding the non-applicant/owner, as liable to pay the amount of compensation. Learned counsel appearing for the appellant submits that the appellant/owner has not deposited the amount of mandatory deposit to file an appeal againsf the impugned award but has filed the I. A. No. 2 for exemption from depositing the same. A bare perusal of the provisions of sub-section (1) of Section 173 of the Motor Vehicles Act, 1988 reveals that any person aggrieved by an award of a Claims Tribunal may prefer an appeal to the High Court within ninety days from the date of the award, 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 view of the above statutory provisions of law, we are of the opinion that the instant appeal, by the present appellant, against the ^:.,.^4h •(-/<../' ^.i:..:-— "•^. "% ^ ^ ^y impugned award is not entertainable unless he deposits twenty-five thousand rupees or fifty per cent of the amount so awarded by the Claims Tribunal in the impugned award. Accordingly, the instant appeal is dismissed as not maintainable. 5. However, the appellant is at liberty to file a fresh appeal against the impugned award complying with the provisions of sub-section (1) of Section 173 ofthe Act, 1988. 6. As prayed, certified copy of the impugned award shall be returned to the counsel, retaining a Xerox copy of the same. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge Thakur