JUDGMENT - DESHPANDE R.G., J.:---Applicant Prakash Dnyaneshwar Dhawale filed an appeal under section 173 of the Motor Vehicles Act, 1988 challenging the judgment and Award passed by the Member, Motor Accident Claims Tribunal, Wardha, in Motor Accident Claims Case No. 33/1990 whereby it is ordered by the learned Member of the MACT that the original non-applicant/present appellant should pay compensation amount of Rs. 18,000/- to the applicants jointly and severally alongwith interest at the rate of Rs. 12/-% p.a. from the date of the application till realization of the said amount along with proportionate costs. The above said judgment and Award dated 23-9-1993 was challenged by the present appellant before this Court in F.A. St. No. 1559/1995 under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for the purposes of brevity).

2. At the time of filing the appeal, in view of Rule 12-A of Chapter IV of the Bombay High Court (Appellate Side) Rules, 1960 (hereinafter referred to as 'the Rules' for the purposes of brevity) the appellant deposited Rs. 9000/- in this Court. Rule 12-A was introduced in the Rules by amendment dated December 18th, 1990. Rule 12-A reads as under:-

"12-A. The Appeal Memo under the Motor Vehicles Act, 1988, filed under section 173 of the said Act, shall be accompanied by a certificate by the Registrar of the High Court that a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) or 50 per cent whichever is less of the amount awarded by the Award appealed from has been deposited by the appellant in the High Court. The appeal which is not accompanied by such a certificate shall be placed before the Registrar for orders."

In pursuance of this Rule, what is directed is at the time of presentation of the appeal itself, the appellant has to submit as an accompaniment with the appeal a certificate issued by the Registrar of the High Court as regards such deposit. However, after having gone through the Rule, it is absolutely clear that this rule has been treated as a flexible one as it does not appear to have been made as a condition precedent for presenting the appeal. The last sentence in this Rule 12-A clearly indicates that if the appeal is not accompanied with the certificate stated above, then that matter is to be placed before the Registrar for necessary orders. This clearly means that if no such payment is made, then it is yet open for the Registrar to pass appropriate orders directing the requisite payment to be made within two weeks and if in spite of such grant of two weeks if the appellant fails to deposit, then it was open for the Registrar to refuse the registration.

3. In this context it would be appropriate to refer further the section 173 of the Act which reads as under:

"173. Appeals.---(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 percent, 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 ten thousand rupees."

4. From sub-section (1) of section 173 of the Act it is clear that the first proviso thereof makes it imperative that the amount as contemplated in the said proviso should be paid with the Appeal Memo. However, it is further clear that from the reading of the above said provision minutely, it still leaves the subject open the way and the manner in which t

Click Here to Read the rest of this document