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[2025:RJ-JP:26405] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2373/2015 Om Prakash s/o Shri Ramraj, r/o Gram Thekaria Kala at present r/o K. Patan Tiraha, Taleda Tehsil and District Bundi (Vehicle- Driver & Owner) ----Non-claimant/Appellant Versus
1. Cheluram aged 35 years s/o Ramswaroop, r/o Gram Gudha Nathavataan Tehsil and District Bundi (Raj.) ----Claimant/respondent
2. New India Insurance Company Limited Jhalawar Road Kota (Raj.) (Delete vide order dated 20.04.2011) ----Non-claimant/Respondents For Appellant(s) : Mr. Manish Malwal on behalf of Mr. Sudarshan Laddha For Respondent(s) :
HON'BLE MR. JUSTICE MANEESH SHARMA
Order 15/07/2025
1. The present appeal has been filed by the non-claimant/ appellant on 15.04.2015, challenging the impugned award dated 14.11.2014, passed by learned Judge, Motor Accident Claims Tribunal, Bundi in Claim Case No.361/2009 titled as "Cheluram Vs. Omprakash", whereby the learned Tribunal has allowed the claim petition filed by the respondents and has awarded a compensation sum of Rs.93,265/- with interest at the rate of 6% per annum.
2. The Registry has pointed out certain defects in the present appeal. The primary defect pointed out by the office was the non- deposit of the requisite monetary amount in compliance of Section
[2025:RJ-JP:26405] (2 of 2) [CMA-2373/2015] 173 of the Motor Vehicles Act. The defect was duly notified to the non-claimant/appellant on 11.06.2015.
3. Despite the lapse of more than ten (10) years, since the defect was pointed out by the Registry, it has neither been removed nor rectified by the non-claimant/appellant.
4. Considering the prolonged failure to cure the aforementioned defect, this Court finds no reason to grant further time to the
learned counsel for the non-claimant/appellant.
5. Accordingly, the present appeal is hereby dismissed, being not maintainable due to the non-compliance with the mandatory provisions of Section 173 of the Motor Vehicles Act.
6. Pending application(s), if any, stand(s) disposed of.
(MANEESH SHARMA),J Seema/118