- (1.) S. P. Srivastava, J. Heard the learned Standing Counsel for the appellants and the learned Counsel representing the claimant respondents No. 1, 2, 3 and 4.
(2.) RAM Naresh met with an accident on 9-3-1991 which resulted in his death leaving behind his wife, two minor daughters and his dependent mother and the father. The accident was caused by the truck owned by the appellants and driven by the respondent No. 6. The Motor Accident Claims Tribunal Found that the death of RAM Naresh was caused due to rash and negligent driving by the Driver of the vehicle in question as alleged in the claim petition. It was also found that in the facts and circumstances of the case, the question of contributory negligence pleaded by appellant did not arise. The claim petition was allowed in party on 7-7-1993 awarding an amount of Rs. one lac in all to be shared equally, together with interest at the rate of 12% per annum from the date of the petition till the date of the recovery of the amount out of which the wife, father and mother were to get one fifth share each and the remaining amount was to be deposited in the name of minor daughters in an interest bearing account in any nationalised bank as to yield an income of interest per month which could so be collected by the wife of RAM Naresh till the minor daughters attained majority. Although the certified copy of the judgment impugned in the appeal was supplied to the appellants on 29-7-93, the appeal was presented for reporting before the Stamp Reporter of this Court on 4-11- 1993 and was returned on the same date to the learned Standing Counsel with a note that the appeal was not accompanied by a certificate of deposit. The Stamp Reporter had indicated in his report that the ap peal was within time upto 16-11-1993. The learned Standing Counsel representing the appellants took back the appeal from the Stamp Reporter and kept it with him. It was filed on 10-5-1994.
(3.) IN the meanwhile, an amount of Rs. 25,000 as contemplated under Section 173 of the Motor Vehicles Act was deposited in this Court on 1-4-1994. On the deposit of the amount, the learned Standing Counsel again presented the appeal which had been held back by him, before the Stamp Reporter to make an endorse ment thereon that the certificate of deposit had been filed and the defect stood removed. This report was made on 4th April, 1994. The appeal was thereafter presented in Court on 10- 5-1994 alongwith an application seeking condonation of delay in filing the appeal. Section 173 of the Motor Vehicles Act is as follows : "173. Appeals, - (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: 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 the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a claims Tribunal, if the amount in dispute in the appeal is less than ten thousand rupees. " The 1st proviso to Section 173 (1) of the Motor Vehicles Act, 1988 prohibits entertainment of an appeal unless the appellant has deposited with it Rs. 25,000 or 50% of the amount awarded which ever is less in the manner directed by the High Court.;