DHILLON ROADWAYS Vs. RAM DEV

JUDGEMENT

(1.) THIS appeal has been filed by the owner of the offending vehicle challenging the impugned award whereby claimant-respondent No. 1 has been awarded compensation on account of death of Ms. Kavita @ Soni in a motor vehicular accident caused due to rash and negligent driving of the offending vehicle by respondent No. 4.

(2.) ALONG with this appeal, an application has been filed seeking exemption from deposit of Rs. 25,000/- which is a pre-requisite for maintaining an appeal on the ground that award has already been satisfied in favour of the claimant.

(3.) THUS , deposit of an amount of Rs. 25,000/- or 50% of the amount so awarded, whichever is less, is a pre-requisite for filing of the appeal. There is no provision under the Act under which exemption from making the deposit under First Proviso to Section 173(1) of the Act can be granted. A Division Bench of this Court in the case of Harbans Lal and another v. Nazar Singh and others 2001(4) RCR(Civil) 523 : 2002 ACJ 1827 has held as under :-