Page 155 - The Motor Vehicles Act, 1988

SECTION 174 THE MOTOR VEHICLES ACT, 1988 141

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 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
1
dispute in the appeal is less than [one lakh] rupees.
COMMENTS

Section 173 provides right of appeal to the person aggrieved by an award of the Claims
Tribunal, which is passed in exercise of its powers conferred by section 168(1) of the Act.—
National Insurance Co. Ltd. v. S.K. Ali 2010 (93) AIC 529 (Bombay H.C.)
Upon the filing of an appeal to the High Court the normal rules which have application to the
appeals before the High Court are applicable to such an appeal also. Upon the presentation of an
appeal entire court is open before the appellate court and by necessary implication it can exercise
all powers incidental thereto in order to exercise that power effectively.—Mathew Alexander v.
Bhaskaran Pillai AIR 1990 Ker 96
Where there is filing of an appeal after a delay of 159 days and there is no explanation
coming further providing reasonable excuse, delay is not condonable.—S. Bhausali v. Kali Charan
1993 ACJ 290
There is no provision maintaining appeal against an order such as interim award passed by
the Tribunal under s. 140 cannot be appealed against.—State of Assam v. P. Denath 1993 ACJ
422
Provisions of order 41 r. 33, CPC can be resorted to by the appellate court so that justice is
delivered, whether there is the filing of an appeal or cross objection.—R.S.R.T.C. v. Kiran Lata
1993 ACJ 130
The jurisdiction of the Tribunal is not circumscribed by the rigour of the strict rules of CPC
for admitting evidence and the same is equally applicable to the High Court while it exercises its
jurisdiction in appeal.—Mrs. Vijay Chopra v. Udham Singh AIR 1990 P&H 350
An appeal is not maintainable against the same award when the review petition is pending.—
Deputy General Manager & Divisional Controller KSRTC V. Kamappa 1993 ACJ 539
174. Recovery of money from insurer as arrears of land revenue
Where any amount is due from any person under an award, the Claims Tribunal
may, on an application made to it by the person entitled to the amount, issue a certificate
for the amount to the Collector and the Collector shall proceed to recover the same in
the same manner as an arrear of land revenue.

1. Substituted for “ten thousand” by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019,
w.e.f. 1-4-2022 vide SO 859(E), dt. 25-2-2022.