IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2440 of 2009 (O&M) Date of decision: December 17, 2009. Ramesh ...Appellant(s) v. Balwan Singh & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: None for the appellant. Shri J.S. Yadav, Advocate, for the respondents. Rakesh Kumar Garg, J. (Oral): This is owner's appeal challenging the impugned award. The respondent-claimants have been granted compensation on account of death of one Rakesh Kumar. Along with this appeal, an application has been filed for granting exemption to the appellant from depositing Rs.25,000/- as envisaged under Section 173 of the Motor Vehicles Act, 1988. It is well settled that right to appeal is a statutory right and the same can be availed as per the provisions of the statute. Deposit of Rs.25,000/- or 50% of the awarded amount, whichever is less, is a pre- requisite for maintaining an appeal against the award of the Tribunal filed on behalf of driver/owner/insurer. Thus, the prayer made in this application is not tenable and the same is rejected. There is no representation on behalf of the appellant. Since the amount as envisaged under Section 173 of the Motor Vehicles Act, 1988 has not been deposited by the appellant, which is a pre- requisite for maintaining this appeal, the same is dismissed being not maintainable. December 17, 2009. [ Rakesh Kumar Garg ] kadyan Judge