RANVIJAY RAI vs RAVINDRA KUMAR TIWARI AND ANR

Judgment text excerpt

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07.08.2025 + MAC.APP. 466/2023 & CM Appls. 52267/2023, 52269/2023 RANVIJAY RAI .....Appellant Through: Mr. Gobind Malhotra, Adv. versus RAVINDRA KUMAR TIWARI AND ANR .....Respondents 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 Vehicles Act, 1988 [hereinafter referred to as “MV Act”] impugning the award dated 07.06.2023 passed by the learned Presiding Officer, MACT-01, South West District, Dwarka Courts, New Delhi [hereinafter referred to as “Impugned Award”]. 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 Appellant 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 Signature Not Verified Digitally Signed By:RAHUL Signing Date:08.08.2025 MAC.APP. 466/2023 Page 1 of 2 20:07:43 would be a stay on the enforcement of the Impugned Award. Concededly, no amounts have been 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, whic