HIGH COURT OF CHHAmSGARH AT BILASPUR DDOSION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. APPELLANT RESPONDENTS M.A.fCl No.396of2009 Puran Rajwade S/o Shivnand Rajwade, aged about 50 years, Occupation Servlce (SECL Bhatgaon), Caste Rajware R/o Ranpurkala Police Station Gandhinagar, Tahsil Amblkapur, Distrfct Sarguja C.G. (Non Applicant No. 2 / Owner) Versus 1. Kusum Yadav Widcw of Bishun Yadav, aged about 20 yeare. 2. Sukhdeo S/o Videshi, aged about 50 years. 3. Rajkumari W/o Sukhdeo, aged about 45 years, (Cteimants) Respondent no. 1 to 3 belong to Caste Ahir, R/o Village Ranpurkala, Post Sukhri, Police statlon Gandhinagar, Tahsil Ambikapur, district Surguja C.G. 4. Chuman Lal Rajwade S/o Ranglal, aged about 30 years, occupation Driver and agriculture R/o Ranpurkala, Police station Gandhinagar, Tahsil Ambikapur, Distrtet Surguja C.G. ( Non-Applicant no. 1 driver) Memo of Appeal Under Sectlon 173 ofthe Motor Vehicles Act. 1988^ Present: •"'.v. Shri Rakesh Pandey, counsel for the appellant. Shri A.N. Pandey, counsel for r^pondents No.1 to3 None for respondent No.4 though served. ORDER (05th November, 2009) ^l. .fry The following order of the Court was passed by Rajeev Gupta, C.J. Appellant Puran Rajwade, the owner of the offencBng vehicle Tractor has filed I.A.No.02/2009 for grant of permission to withdraw the appeal filed by the appellant against the Impugned award dated 24.01.2009, passed by the Motor ^scident Claims Tribunal, Sarguja in Claim Case No.06/Z)08, whereby the appeltant was directed to pay a sum of Rs.4,55,000/- as compensation to the claimants. 2) During the course of hearing, we were informed by leamed counsel for the parties that the appellant and respondents No.1 to 3 (claimants) have reached to anamicable settlementout of the Court. 3) On due consideration, I.A.No.02^(X)9 is allowed and the appellant Is granted permission to withdraw the appeal. 4) The appeal, therefore, is dismissed as withdrawn. 5) Consequently, interim order dated 25.03.2009 staids vacated automatically. 6) The mandatory deposit of Rs.25,000/- deposited by the appetlant under Section 173 ofthe Motor Vehicles Act, whtte fiUng this appeal against the impugned award be refunded to the appellant. Certified copy ofthe order as per rules. _ Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge subbu