IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL rCI N0. \ \\\ /2011 MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 APPELLANT INSURER RESPOMDENTS CLAIMANTS v^^v ^/^ ^y^ Reliance General Insurance Company Limited , Through its Legal Manager, 4th floor, 412-1-413, Ravi Bhawan, NearJiastambh Chow, Raipur (C.G.) VERSUS 1. Lalita Devi Wd/o Hariram Puraina, aged about 30 years, R/o Chharchhed, P.S. & Tahsil - Kasdol, District - Raipur (C.G.) 2. Tikeshwar Prasad S/o Hariram Puraina, aged about 10 years, 3. Kiran Kumar Puraina S/o Hariram Puraina, aged about 08 years, respondents No. 4 & 5 being minor represented through mother Lalita Puraina Wd/o Hariram Puraina, All R/d Chharchhed, P.S. & Tahsil - Kasdol, District - Raipur (C.G.) 4. Vyasnarayan S/o L.P. Sahu, Lamba Enterprises, T.P. Nagar, Korba, District - Korba (C.G.) Presently R/o Churela, P.S., Post and Tahsil - Bilaigarh, District - Raipur (C.G.) 5. Ashwani Kumar S/o G.R. Manhare, R/o Baloda Bazar, P.S. & Tahsil - Baloda Bazar, District - Raipur (C.G.) APPEAL VALUED AT RS. 7.1Q^OOQ/; COURT FEE Rs. l5/- I.A.fCl No.PR 1428/11 .,n^^-nL\LU. Vs Reliance General'lnsurance Co. Ltd. Lalita Devi & others Presenti IVir. Saurabh Sharma, Advocate for the appellant. incT 2. The appeliant-lnsurance Company has filed this appeal without depositing the statutory amount. Opportunities have been given to the appeliant to deposit the statutory amount but the same has not been deposited. 3. in the first proviso to Section 173 of the Motor Vehicles Act, 1988 it has been provided that no appeal by the person who is required to pay any amount in terms of such award shalt be entertained by the High Court unless he has deposited with it Rs.25, OOO/- or K)% of the amount so awarded, whichever is tess, in the manner directed by the High Court. 4. In view of the above, we have no other option but to dismiss the appeat as not maintainable. Accordingiy, the appeal is dismissed as not maintainable with tiberty to the appellant to file a fresh appeal along with statutory deposit. 5. On appeiiant's furnishing Xerox copy of the impugned award and the order passed under Section 170 ofthe Motor Vehicies Act, 1988, the originais sha!S be returned to the appellant. Roshan 6. Certffied^C8i3y_as_BgL[ylfis-._. Sd;- I.M.Quddusi Judge ia Sd/- G. Minhajuddin Judge