MAC.AP. 46/2023 Page 1 of 2 $~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07 .0 8 .2025 + MAC.APP. 466/2023 & CM Appls. 52267/2023, 52269/2023 RANVIJAY RAI ...Appellant Through: Mr. Gobind Malhotra, Adv. versus RAVINDRA KUMAR TIWARI AND ANR ...Respondent s Through: Mr. Manish Maini and Ms. Aastha Chauhan, Advs. for R - 1 and 2. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Appeal has been filed under Section 173 of the Motor 9HKLFOHV $FW >KHUHLQDIWHU U award dated 07.06.2023 passed by the learned Presiding Officer, MACT - 01, South West District, Dwarka Courts, New Delhi [hereinafter refered to as ³,PSXJQHG$ZDUG´@ 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 Apellant 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.AP. 46/2023 Page 2 of 2 would be a stay on the enforcement of the Impugned Award. Concededly, no amounts have ben 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: ³$SSHDOV ² (1) Subject to the provisions of sub - section (2), any person agrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an apeal to the High Court: Provided that no apeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unles he has deposited with it twenty - five thousand rupees or fifty per cent. of the amount so awarded, whichever is les, in the maner directed by the High Court: Provided further that the High Court may entertain the apeal after the expiry of the said period of ninety days, if it is satisfied that the apelant was prevented by sufficient cause from prefering the apeal in time. (2) No apeal shall lie against any award of a Claims Tribunal if the DPRXQWLQGLVSXWHLQWKHDSSHDOLVOH 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. Acordingly, 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. 8. The parties will act based on the digitally signed copy of the order. TARA VITASTA GANJU, J AUGUST 7, 2025 /r