- (1.) The instant Misc. Appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed against the Award dated 30-9-1993 passed by the learned Judge, Motor Accident Claims Tribunal, Churu in M. A. C. T. Case No. 54/ 93, whereby the learned tribunal has awarded compensation to the respondent-claimants of Rupees 6,26,000 / -
(2.) The aforesaid appeal was presented on 27-1-94 within limitation and now after presentation, the office of the Registry vide its order dated 10-2-94 posted the afore-mentioned appeal for admission and for disposal of the stay application in utter ignorance of the provisions of Sec.173 of the Motor Vehicles Act, 1988. The aforesaid Sec. 173 of the Motor Vehicles Act, 1988 is reproduced below in extenso :- Section - 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 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."
(3.) It is true that the appeal lies against an award under the aforesaid Section, which before amendment, used to be filed under S. l10-D of the Motor Vehicles Act, 1939 where there was no provision for making a deposit upon filing of an appeal in the High Court.;