Supreme Court - Daily Orders
Manoj Gupta vs Haseen Bano on 8 May, 2019
Bench: Uday Umesh Lalit, Indu Malhotra
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL APPEAL NO.4960/2019
(@ SLP (C) No(s).1954/2019)
MANOJ GUPTA Appellant(s)
VERSUS
HASEEN BANO & ORS. Respondent(s)
Leave granted.
By its order dated 01.08.2018, the Motor Accident Claims
Tribunal, Delhi awarded a sum of Rs.19,21,000/- and directed
respondent Nos.1 & 2 in the petition to pay said compensation with
interest @ 9% per annum.
In an appeal preferred therefrom, the High Court by its order
dated 10.12.2018 directed the appellant to deposit the entire
awarded sum alongwith interest with the Registry of the High Court
within six weeks from the date of the order. The view so taken by
the High Court is presently under appeal.
Our attention was invited by the learned counsel for the
appellant to Section 173 of the Motor Vehicles Act, 1988. Said
Section 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
Signature Not Verified
an appeal to the High Court: Provided that no appeal by
Digitally signed by
INDU MARWAH
Date: 2019.05.13
the person who is required to pay any amount in terms
16:04:16 IST
Reason: 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 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 Claim”
The intent of the proviso to the aforesaid Section 173 is very
clear in that no appeal is to be entertained by the High Court
unless the person has deposited a sum of Rs.25,000/- or 50% of the
amount awarded whichever is less.
Going by the language of Section 173, the direction to
deposit the entire awarded sum was not correct.
We therefore, allow the appeal and modify the order passed by
the High Court and direct that upon deposit of 50% of the awarded
sum, there shall be stay of the impugned award.
This order shall be in modification of the order passed by the
High Court on 10.12.2018.
We have not expressed and shall not be taken to have expressed
any opinion on the merits of the matter which shall be gone into
independently.
The appeal stands disposed of accordingly.
]
………………………………………………………………….J.
[UDAY UMESH LALIT]
………………………………………………………....J.
[INDU MALHOTRA ]
New Delhi,
May 8, 2019.
ITEM NO.46 COURT NO.8 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 1954/2019
(Arising out of impugned final judgment and order dated 10-12-2018
in MACAP No. 972/2018 passed by the High Court Of Delhi At New
Delhi)
MANOJ GUPTA Petitioner(s)
VERSUS
HASEEN BANO & ORS. Respondent(s)
(EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA
No.11240/2019-PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS )
Date : 08-05-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MS. JUSTICE INDU MALHOTRA
For Petitioner(s) Mr. Shivendra Singh, AOR
Dr. M.N. Verma, Adv.
For Respondent(s) Mr. S.N. Parasar, Adv.
Mr. Ankit, Adv.
Ms. Binisa Mohanty, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal stands disposed of in terms of the signed order. Pending applications, if any, shall also stands disposed of.
(INDU MARWAH) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER
(Signed order is placed on the file)