Section 173 of MVA : Section 173: Appeals
MVA
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Explanation using Example
Imagine that John was involved in a car accident and suffered injuries. He filed a claim for compensation with the Motor Accident Claims Tribunal, which awarded him an amount of ₹200,000. However, John feels that the compensation awarded is insufficient considering the severity of his injuries and the impact on his livelihood.
John decides to appeal the award. According to Section 173 of The Motor Vehicles Act, 1988, he has the right to appeal to the High Court within 90 days of the Tribunal's decision. Before his appeal can be heard, he must deposit ₹25,000 (since this is less than 50% of the awarded amount) with the High Court as a condition of the appeal process.
Unfortunately, John misses the 90-day deadline due to a family emergency. He can still request the High Court to accept his late appeal by demonstrating that he had a 'sufficient cause'—the family emergency—for not appealing in time. If the High Court is convinced, it may allow his appeal to proceed despite the delay.
It's important to note that if the Tribunal had awarded an amount less than ₹100,000, John would not be able to appeal the decision to the High Court as per the stipulations of sub-section (2) of Section 173.