Satbir And Another vs Smt.Suman Devi And Others on 10 September, 2009

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH.

                                       FAO No.2029 of 2009 (O&M)
                                       Date of Decision:-10.9.2009

Satbir and another                                       ...Appellants
                                   Versus

Smt.Suman Devi and others                               ...Respondents

CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR GARG

Present: Mr.Vikram Singh, Advocate for the applicant-appellants.

Rakesh Kumar Garg, J. (Oral):

CM No.10414-CII of 2009

This application has been filed by driver and owner-

applicants to exempt them from depositing the amount of Rs.25,000/-

as envisaged under Section 173 of the Motor Vehicles Act, 1988 (in

short “the Act”).

It is well settled that right of appeal is a statutory right and

the appeal can be filed in accordance with the provisions of Statute.

Section 173 of the Act mandates the deposits of Rs.25000/- or 50%

of the compensation awarded by the Tribunal whichever is less as a

pre-requisite for filing appeal on behalf of driver and owner.

I find no ground to exempt the applicants from depositing

the aforesaid amount. The application is dismissed.

FAO No.2029 of 2009

Since the amount of Rs.25000/- as envisaged under

Section 173 of the Act has not been deposited while filing this

appeal, I refuse to entertain this appeal.

Dismissed.

                                                 (Rakesh Kumar Garg)
10.9.2009                                                  Judge
AS