KRISHAN KUMAR Vs. KARAM SINGH

JUDGEMENT

(1.) THE present appeal has been filed by the driver of the offending vehicle. Along with this appeal, an application has been filed for granting exemption to the appellant from depositing of Rs. 25,000 as envisaged under section 173 of the Motor Vehicles Act, 1988. THE sole ground taken in this application for exemption is that the insurance company has already deposited the whole amount of compensation as awarded by the Tribunal and, therefore, there is no need to deposit the amount of Rs. 25,000 while filing this appeal. I am afraid, the ground raised by the learned counsel for the appellant is against the express provisions of law.

(2.) IT is well settled that right to appeal is a statutory right and the same can be availed only in accordance with the provisions of law.

(3.) SINCE under section 173 of the Motor Vehicles Act, it is prerequisite to deposit the amount of Rs. 25,000 or 50 per cent of the amount awarded whichever is less, before filing the appeal on behalf of the driver/owner/insurer and the said amount having not been deposited, the application under section 173 of Motor Vehicles Act, 1988 is liable to be rejected. Ordered accordingly. SINCE the appellant has failed to deposit the amount as envisaged under law, thus, there is no properly constituted appeal before me. Hence, the present appeal is also dismissed. Appeal dismissed.