MUNNI DEVIS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE Motor Accidents Claims Tribunal, Neem Ka Thana, District Sikar, vide its order dated 27.8.1993 in Claim Petition No. 36/89, an Award of Rs. 2,58,400/ - with interest at the rate of 15% p.a. as mentioned in the Award. Against this Award, the appellants filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the M.V. Act), but the appellants did not file a certificate of deposit of amount as provided in proviso to Section 173 of the M.V. Act. On this ground, the case was listed before this Court as a defective case, on 4.3.1994. None was present on behalf of the appellants. This Court passed a pre -emptory order that in case the defects are not removed within a period of four weeks, the appeal shall stand dismissed without further reference to the Court. Inspite of this order, the appellants did not remove the defects and under these circumstances the case was listed on 28.4.1994, before the Dy. Registrar (Judicial) for orders. On that date, the appellants submitted an application for condonation of delay in complying with the order of this Court dated 4.3.1994. The appellants did not submit any receipt of deposit of the amount was provided under the proviso to Section 173 of the M.V. Act. Not only this, they raised an objection that the accident occurred prior to the commencement of the Act of 1988 and as such the provisions of the said Act are tot applicable to the facts of the present case. This application of the appellants was listed for orders before this Court on 6.5.1994 but on the request of the Counsel for the appellants the same was adjourned for orders on 9.5.1994. Counsel for the appellants submits that the accident took place on 14.4.1989, while the M.V. Act, 1988 came into force on 1.7.1989. Under the Old Act, there was no provision for deposit of money. It is pertinent to note that the Claim Petition was filed by the respondents under the M.V. Act, 1988 on 2.9.1989. In view of this, in ray view, the argument of the Counsel for the appellants have no legs. The appeal has also been filed under Section 173 of the M.V. Act of 1988. Proviso to Section 173 of the M.V. Act 1988 provides 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 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. In the present case the minimum amount required to be deposited by the appellant was Rs. 25,000/ -.

(2.) AS the appellant did not deposit the same inspite of the pre emptory order but contested the deposit of the amount, under these circumstances, this Court has no option but to dismiss the appeal only on the ground that the appellant did not comply with the orders of this Court dated 4.3.1994, and did not deposit the amount required to be deposited under proviso to Section 173 of the M.V. Act, 1988.