IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1081 of 2006 (O&M) Date of decision: 2.9.2009 Bir Singh & anr. .....Appellant(s) Versus Ram Chand & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None. Rakesh Kumar Garg, J.(Oral) The present appeal challenging the award of the Motor Accident Claims Tribunal, Faridabad has been filed by the owner and driver of the offending vehicle. The aforesaid appeal has been filed by the appellants without depositing the amount as envisaged under Section 173 of the Motor Vehicles Act, 1988. CM No.4047-CII of 2006 filed by the appellants seeking exemption from depositing the aforesaid amount as envisaged under Section 173 of the Act has already been declined by this Court vide order dated 24.8.2009. It is well settled that right of appeal is a statutory right and can be availed only in accordance with the provisions of the statute. Deposit of an amount of Rs.25,000/- or 50% of the awarded amount, whichever is lesser, is a condition precedent for filing an appeal on behalf of the driver/ owner of the offending vehicle to challenge the award of the Tribunal. Since the aforesaid pre-requisite/precondition has not been fulfilled by the appellants, the present appeal is not maintainable and the same is hereby dismissed. FAO No.1081 of 2006 (O&M) -2- Since the appeal is being dismissed, all other applications filed along with this appeal do not survive and are ordered to be dismissed. September 2, 2009 (RAKESH KUMAR GARG) ps JUDGE