Sureshchandra Prajapat vs Smt. Madhukanta & Others

Heard learned counsel for the parties on I.A.No.869/2020, which is an application under Section 173(1) of Motor Vehicle Act filed by the

respondent No.1 praying for dismissal of the appeal on the ground of non-compliance of the statutory provisions.

The appellant/driver is being aggrieved by the Award dated 12.1.2019 passed by the First Additional Member, Motor Accident Claims Tribunal,

Jaora, District-Ratlam in Claim Case No.81/2015 has filed the present appeal under Section 173(1) of the Motor Vehicles Act.

That, as per Section 173 (1) of the Motor Vehicles Act, if an appeal is presented by driver, owner or Insurance Company then it has to be filed

after filing the receipt of an amount of Rs.25,000/- as a pre-deposit. If such a receipt is not filed along with the appeal memo then the appeal is not

maintainable and deserves to be dismissed.

In the present case, an Award of Rs.6,42,000/- has been passed by the Claims Tribunal against the respondents. But, neither the appellant has

deposited the requisite amount of Rs.25,000/- from the date of filing of this appeal nor the requisite stamp is affixed with the appeal. Learned counsel

for the respondents has therefore, submitted that the appeal be dismissed.

The appellant has relied on the judgment passed by the High Court of Judicature at Guhati Agartala Bench in the case of New India Assurance Co.

Ltd. vs. Birendra Mohan De and others reported in 1995 ACJ 824 as well as the judgment passed by this Court in the case of Ashok Kohli vs.

Prakashchand and others reported in 1996 ACJ 416.

Respondents have filed the reply to I.A.No. 869/2020 and submitted that the appellant has filed I.A.No.1125/2019 for exemption from payment of

pre-deposit of Rs.25,000/-. The said I.A. was dismissed by this Court vide order dated 27. 8.2019 and the appellant is directed to deposit the pre-

deposit within a week. Learned counsel for the respondents submitted that, as per Section 173 of the Motor Vehicles Act, on filing of an appeal, the

court fee has to be paid within a period of of thirty days. The appellant has deposited the court fees accordingly, but this Court has rejected his

application for exemption from payment of pre-deposit of Rs.25,000/-. However, he deposited an amount of Rs.25,000/- towards court fees as

directed by this Court. Thus, the appellant has failed to deposit the said amount before the Claims Tribunal inspite of the direction of this Court. The

appellant, therefore, filed an application i.e. I.A.No.942/2020 for refund of the said amount and he also deposited the amount of Rs.25,000/- before the

Claims Tribunal. He further submitted that the appeal is already admitted for hearing and he had already deposited an amount of Rs.25,000/- as pre-

deposit. In such circumstances, the delay in depositing the amount of Rs.25,000/- as pre-deposit be condoned and the application preferred by the

respondents be dismissed.

In the present case, the appellant has already deposited an amount of Rs.25,000/- before the Claims Tribunal. However, as per order passed by this

Court the appellant has deposited the amount of Rs.25,000/- towards court fees before this Court. However, he has to be deposited the said amount

before the Claims Tribunal. Thus, due to misunderstanding the appellant could not deposit the amount of Rs.25,000/- before the Claims Tribunal. But,

now as he has already deposited deposited the said amount of Rs.25,000/- before the Claims Tribunal therefore, the delay in depositing the requisite

amount of Rs.25,000/- is hereby condoned. The judgment relied on by the learned counsel for the respondents are not applicable in the facts of the

present case.

In view of the aforesaid, I.A.Nos.869/2020 and 942/2020 shall stand disposed of.

As the appeal is already admitted for hearing, it be listed for hearing in due course.