Full Text
HIGH COURT OF DELHI
Date of Decision: 07.08.2025
RANVIJAY RAI .....Appellant
Through: Mr. Gobind Malhotra, Adv.
Through: Mr. Manish Maini and Ms. Aastha Chauhan, Advs. for R-1 and 2.
JUDGMENT
1. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as “MV Act”] impugning the award dated 07.06.2023 passed by the learned Presiding Officer, MACT-01, South West District, Dwarka Courts, New Delhi [hereinafter referred to as “Impugned Award”].
2. Learned Counsel for the Appellant submits that although a scanned copy of the demand draft was provided to him by the Appellant, the original demand draft was never provided and the Appeal was listed and registered basis of the scanned copy of the demand draft.
3. The matter has been listed before the Court today based on an order passed by the learned Joint Registrar wherein it is stated that the Appellant is unable to deposit the statutory amount as is requisite under Section 173 of the MV Act.
4. The record also reflects that by an order dated 09.10.2023, the Court had directed that subject to the deposit of the entire awarded amount, there MAC.APP. 466/2023 would be a stay on the enforcement of the Impugned Award. Concededly, no amounts have been deposited till today.
5. Learned Counsel for Respondents/Claimants submits that the provisions of Section 173 of the MV Act are clear that no Appeal shall be entertained unless the deposit of Rs. 25,000/- or 50% of the amount awarded, whichever is less, is deposited. It is apposite to set out Section 173 of the MV Act, more specifically the first proviso, in this behalf below:
6. In view of the fact that the Appellant has now refused to deposit the amount, this Court has no option but to dismiss the present Appeal.
7. Accordingly, the Appeal is dismissed. All pending Applications are closed. The liberty is, however, granted to the Appellant to revive the Appeal in the event that the statutory amount as is required under Section 173 of the MV Act is deposited by the Appellant.
TARA VITASTA GANJU, J AUGUST 7, 2025