Rajasthan State Road Transport Corporation Vs. Smt. Santosh and ors. - Court Judgment

R.R. Yadav, J.

1. 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, Churu 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 whois 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 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 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.'

3. It is true that the appeal lies against an award under the aforesaid Section, which before amendment, used to be filed under Section 110D of the Motor Vehicles Act, 1939 where there was no provision for making a deposit upon filing of an appeal in the High Court.

4. Now first proviso of Sub-section (1) of Section 173 of the Motor Vehicles Act, 1988 makes a specific provision for such deposits where an appeal is filed by a person aggrieved from an Award by the Motor Accident Claims Tribunal, who is required to pay any amount under the Award, the appeal will not be entertained by the High Court unless the appellant has deposited:--

(a) a sum of Rs. 25,000/- or

(b) 50% of the amount awarded against the appellant, whichever is less.

5. The dictionary meaning of word 'entertain' means either 'to deal with or admits to consideration'. The question, therefore, is at what stage can the appeal be said to be entertained for the purpose of admission and disposal of the stay application within the meaning of proviso of the aforesaid Section, which clearly provides that appeal will not be entertained by the High Court unless the appellant has deposited the requisite amount mentioned in the said Section.

6. Numerous cases exist in Law Reports where the word 'Entertained' or similar cognate expressions have been interpretedby the Courts. If the legislature intended that the word 'file' or 'receive' was to be used, there was no difficulty of using those words. In some of the Statutes, such expressions have in fact been used, e.g. under Order 41, Rule 1, CPC it is stated that a memorandum shall not be filed or presented unless it is accompanied etc. Similarly, in Section 17 of the Small Cause Courts Act, 1870 (Act No. VII of 1870), the expression is 'at the time of presenting the application'. Thus, it would appear from this that the legislature was not at a loss for words if it has wanted to express itself by using any phraseology. The legislature has used the word 'Entertain' and it must be accepted that it has been used advisedly.

7. The expression 'Entertain' is explained by a Division Bench of Allahabad High Court as denoting the point of time at which an application to set aside the sale is heard by the Court. The expression 'Entertain' does not mean same-thing as filing of the application. The aforesaid view was expressed by the Allahabad High Court in Kundan Lal v. Jagannath Sharma reported in AIR 1962 All 547 : (1962 All LJ 574). A similar view was again taken in Dhoom Chand Jain v. Chaman Lal Gupta and another reported in AIR 1962 All 543 : (1962 All LJ 729) in which the learned Chief Justice Mr. Desai and Mr. Justice Dwivedi gave the same meaning to the expression 'Entertain'.

8. In my humble opinion, the High Court under Section 173 of the Motor Vehicles Act, 1988 cannot refuse to take an appeal, which is not backed by deposit of Rs. 25,000/- or 50% of the amount awarded against the appellant whichever is less but it cannot judicially consider such appeals either for admission or for disposal of the stay application, therefore, I hold that mere filing of an appeal and stay application by the appellant under Section 173 of the Motor Vehicles Act, 1988 will not be entertained by the court unless the mandatory provisions-contemplated in the aforesaid section is complied with by the appellant by depositing Rs. 25,000/- or 50% of the amount awarded against the appellant whichever is less in pursuance of the direction of this Court prescribing manner of deposit.

9. From perusal of the aforesaid mandatory provision of Section 173 of the Motor Vehicles Act, 1988 now, the High Court has not been given any discretion to reduce or enhance these amounts, which is to be deposited by the appellant in Court before filing the appeal could be judicially considered by the High Court.

10. Keeping in view the aforesaid mandatory provisions as contemplated under Section 173 of the Motor Vehicles Act, 1988, it is hereby directed that the appellant should deposit in the Tribunal an Account Payee Demand Draft of Rs. 25,000/- in the name of respondent-claimant No. 1 Smt. Santosh w/o late Shri Banwarilal Meghwal, r/o Vill. Ratan Nagar, Dist. Churu (Rajasthan) in compliance of Section 173 of the Motor Vehicles Act, 1988 and after deposit of the said amount, it should be handed over by the Tribunal to respondent-claimant No. i Smt. Santosh on her behalf and on behalf of respondent-claimants Nos. 2 to 4. Out of the aforesaid amount, respondent-claimant No. 1 Santosh will withdraw Rs. 16,000/- without furnishing any security and Rs. 9,000/- will be equally distributed among respondent-claimants No. 2 to 4, Rs. 9,000/- will be deposited in Long Term Fixed Deposit in the names of Minors Kumari Sulochna (respondent Nos. 2), Dharamveer (respondent No. 3) and Kumari Shakuntala (respondent No. 4) in a Scheduled Bank till they attain majority. The Bank Accounts of such Fixed Deposits will be operated by respondent-claimant No. 1 Smt. Santosh on behalf of minors respondents Nos. 2 to 4, who is their natural guardian. The amount so deposited in the names of the minors, named-above, the natural guardian Smt. Santosh (respondent-claimant No. 1) will be at liberty to apply for withdrawal in case of emergency for the benefit of the minors-claimants Kum. Sulochana, Dharamveer and Kum. Shankuntala with prior permission of the Motor Accident Claims Tribunal Churu.

11. It is well to remember that after deposit of Rs. 25,000/- in the present case the manner prescribed by the Court under preceding paragraph, the office will register thepresent appeal as regular appeal. It is made clear that when the present appeal is listed for admission and disposal of the stay application before an appropriate Bench having the jurisdiction under the Motor Vehicles Act, 1988 the said appropriate Bench may pass a fresh order enhancing further deposit of the amount so awarded to the respondent-claimants by the Tribunal according to its own discretion.

In view of the afore-mentioned discussion in order to implement Section 173 of the Motor Vehicles Act, 1988 in letter and spirit the following consequential orders are passed and office of this Court is directed henceforth to follow the same :--

(a) Whenever an appeal is presented before the office of this Court under Section 173 of the M.V. Act, 1988 then instead of registering of such appeal as regular appeal, such appeal be registered as defective appeal and defective number be given by adopting the same procedures, which are being adopted in those appeals which are filed in deficiency of court-fees.

(b) Henceforth whenever appeal u/S. 173 of the M. V. Act, 1988 is presented before the office of this Court under the aforesaid Section, then instead of listing such appeals for admission and disposal of stay application, such appeal be posted for orders before the appropriate Bench having jurisdiction to entertain such appeal for direction about the manner of deposit of Rs. 25000/- or 50% of the amount so awarded against the appellant, whichever is less.

(c) After compliance of the directions regarding manner of deposit indicated by this, Court, the office will register such appeals under Section 173 of the said Act as regular appeal by adopting the same procedures which are being adopted in those appeals which are filed in deficiency of the court-fees and such appeals are registered as regular appeals when deficiency of court-fee is made good by the appellant.

(d) When the compliance of the directions given by this Court about the manner of deposit is complied with and regular numberis given to such appeals only then such appeals be posted for admission and disposal of the stay application.

(e) The procedures indicated above i.e. (a) (b), (c) and (d) will not be attracted in those appeals which are filed under Section 173 of the M.V. Act, 1988 by the respondent-claimants, who are aggrieved either by dismissal of their claim petition or amount awarded by the Motor Accident Claims Tribunal. Such appeals can be listed for admission straightway as regular appeals.

(f) A copy of this order may be supplied to the O.S.D. (Rules) at Jodhpur for information.