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1994 Supreme(Raj) 184

R.R.YADAV
Rajasthan State Road Transport Corporation – Appellant
Versus
Santosh – Respondent


Advocates:
Appearance :
R.N. Munshi, for Appellant

Judgment

R.R. Yadav, J.-The instant Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the Award dated 30-9-1993 passed by the learned Judge, Motor Accident Claims Tribunal, Chum in

M. A.C.T. Case No. 54/93, whereby the learned tribunal has awarded compensation to the respondent-claimants of Rupees 6,26,000/-.

2. The aforesaid appeal was presented on 27-1-94 within limitation and now after presentation, the office of the Registry vide its order dated 10-2-94 posted the afore-mentioned appeal for admission and for disposal of the stay application in utter ignorance of the provisions of Section 173 of the Motor Vehicles Act, 1988. The aforesaid Section 173 of the Motor Vehicles Act, 1988 is reproduced below in extenso :-

Section --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 per cent of the amou




















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