Motor Vehicles Act Section 173 — Appeals

CHAPTER XII CLAIMS TRIBUNALS

Civil

Summary

Sub-section (1) states that any person who is unhappy with an award given by a Claims Tribunal may file an appeal against it in the High Court. This appeal must be filed within ninety days from the date the award was made.

The first proviso to sub-section (1) says that if the person filing the appeal is the one who has been ordered to pay money under the award, the High Court will not accept the appeal unless that person has first deposited with the High Court an amount of twenty-five thousand rupees or fifty per cent of the awarded amount, whichever is less. The deposit must be made in the manner directed by the High Court.

The second proviso to sub-section (1) allows the High Court to accept an appeal even after the ninety-day period has ended, but only if the High Court is satisfied that the person filing the appeal was prevented from filing it on time due to a sufficient cause.

Sub-section (2) states that no appeal can be filed against an award of a Claims Tribunal if the amount in dispute in the appeal is less than one lakh rupees.

Official Text

(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 1[one lakh] rupees.