AO/353/2025
2025 Latest Caselaw 5177 UK

Uttarakhand High Court

AO/353/2025 on 31 October, 2025

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
No.
        Date
                     directions and                 COURT'S OR JUDGE'S ORDERS
                   Registrar's order
                    with Signatures
      31.10.2025                        A.O. No. 353 of 2025
                                        Hon'ble Alok Mahra, J.

Mr. Maneesh Bisht, learned counsel for the appellant.

2. The present appeal is listed as defective as the Registry has raised an objection that the mandatory deposit slip of ₹25,000/- has not been filed.

3. Learned counsel for the appellant would submit that the appellant has preferred the present appeal against the impugned judgment and award dated 02.07.2025 passed by the learned M.A.C.T./District Judge, Champawat in M.A.C.P. No. 10 of 2023, whereby the learned Tribunal, while rejecting the claim petition filed by the claimant, imposed a fine of ₹50,000/- upon the claimant as well as upon the owner/driver of the offending vehicle (the appellant herein).

4. He would further submit that the objection raised by the Registry is wholly misconceived as the appellant, being the owner of the vehicle, had not preferred any claim petition before the learned Tribunal, and the present appeal has been filed only to assail the imposition of costs of ₹50,000/-. Therefore, the appeal cannot be treated as an appeal under Section 173(1) of the Motor Vehicles Act arising out of an award under Section 168 of the Act. Consequently, the statutory requirement of pre-deposit of ₹25,000/-, as contemplated under the proviso to Section 173(1), is not attracted in the present case.

5. Upon perusal of the record, this Court finds merit in the submissions advanced by learned counsel for the appellant.

6. Accordingly, the defects pointed out by the Registry are hereby overruled.

7. Issue notice to the respondents.

8. Steps be taken within one week.

9. List this case on 12.12.2025. [

(Alok Mahra, J.) 31.10.2025 Mamta