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RANJI & ORS versus SMT. TULSI & ORS

High Court of Rajasthan

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RANJI & ORS v SMT. TULSI & ORS - CMA Case No. 03503 of 2005 [2006] RD-RJ 2281 (16 October 2006)

8

S.B. CIVIL MISC. APPEAL NO.3503/2005. (DRJ)

(Ranji & Ors. Vs. Smt. Tulsi & Ors.)

Date of Order :: 16.10.2006.

HON'BLE MR. JUSTICE DINESH MAHESHWARI

Mr. B.N. Kalla, for the appellants. .....

This appeal is sought to be maintained by the persons held liable to make to pay compensation under the award dated 23.09.2004 made by the Motor Accidents

Claims Tribunal, Banswara in Claim Case No.45/1999.

The appeal is reported to be barred by limitation by 165 days and is not accompanied by the proof of deposit of the amount as required by Section 173 of the Motor

Vehicles Act. Nobody was present for the appellants on 17.07.2006 even in second round but the matter was adjourned for six weeks. The appellants having yet not removed the defects, the matter was placed on 29.08.2006 and by way of indulgence yet another two weeks' time was granted for doing the needful; failing which, the appeal was ordered to be listed for rejection before the Court.

The matter was listed for rejection on 04.10.2006 for the appellants having failed to remove the defects despite granting of repeated opportunities, however, counsel for the appellant was not available, therefore, the matter was ordered to be placed next day and on being not reached has been listed today.

Yet the proof of deposit of the amount as required by Section 173 of the Motor Vehicles Act has not been furnished.

In this view of the matter, the appeal remains fundamentally incompetent and is dismissed as such.

(DINESH MAHESHWARI), J.

Mohan/


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