IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.No.^Y /200^ 7A£ 'PELLANT : y Rajendra Kumar Banjare, S/o Dwarika, aged about 21 years, R/o Vellage- Bhuigaon, Thana- Shivrinarayan, Tahsil- Pamgarh, Dist.- Janjgir (C.G.) YERSUS RESPONDENTS : 1. Amar Kuwar, W/o umashankar / (Claiment No. 1 to 2) ^ , aged about 55 years / 2. Gopi Raj, S/o. Umashankar, ^ M?9 •^fy /// /// aged about 30 years Both Resident- Vill-Jogidipa, Thana- Shivrinarayan, Tahsil- Navagarh, Dist- Janjgir (C.G.) 3. Amiya Kumar, S/o. Adhor Kumar, ^ ' aged about 39 years, R/o Vill- Rahod, Thana- Sivrinarayan, Tahsil- Pamgarh, Dist- Janjgir (C.G.) ^4. Sant Ram Kewant, S/o. Latal, R/o Vill- Bhuigaon, Thana- Sivrinarayan, Tahsil- Pamgarh, Dist- Janjgir (C.G.) APPEAL UNDER SECTION 173 OF THE MOTOR VEfflCLES ACT. 1988. .^^^."i'%.. rl:i£i 1 ^.""IIJ 'vi"Sa^ ^?v ^ HiGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HQN'BLE MR. I.M.QUDDUS! & HON'BLE MR.GULAM SVIiNHAJUDDIN. JJ M.A. No.394/06 AppeSlant Respondents Vs Rajendra Kumar Banjare Amar Kuwar & others Present: Mrs. Renu Kochar, Advocate for the appeliant. ORDgRlQra!) (14tn0ctober,2011) I.M. Quddusi. J; 1. Heard. 2. This appeal was filed in the year 2006 without depositing the statutory amount. From time to time various opportunities were given to the appellant to deposit the statutory amount but instead of depositing the statutory amount, the appeliant has filed an appfication (IA No.1091/06) for exemption from depositing the amount. 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 shall be entertained by the High Court unless he has deposited with it Rs.25, OOO/- or 50% of the amount so awarded, whichever is iess, in the manner directed by the High Court. 4. In view of the above, IA No.1091/06 cannot be allowed and therefore, the same is rejected. Consequently, this appeai is atso dismissed as not maintainabie at this stage with the liberty to the appellant to file a fresh appeal along with statutory amount. M.C.P. No.480/06 also stands dismissed. 5. On appeliant's furnishing Xerox copy of the Impugned award, the origina! shali be returned to the appellant. S. Certified copy as per rules. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge