HIGH COURT OF CHHATTISGARH AT BILASPUR DIVtSION BENCH Coram APPLICANT: RESPONDENTS: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA,J. M.C.C.No.32Sof2008 The Oriental Insurance Co. Limited, Through: The DMsional Manager, Orientat Insurance Company Ltd. Kachary Chowk, Jail Road, Raipur (C.G.) Through: The Senior Divisional Manager, Oriental. Insuranoe Company Ltd. Division Office No., Chawla Complex, Devendra Nagar, District Raipur (C.G.) Versus . , 1. Smt. Anita, Widow of Late Bedram Gaikwad @ Gendare, aged about 27 years. 2. Ku. Kiran, D/o Bedram, aged about,6 years (Minor). 3. Ku. Rajani, D/o Bedram, aged about 4 years (Minor). 4. Aakash Kumar, S/o Badreffn, aged about 3 years (Minor) 5. Ku. Purnima, D/o Bedram, aged about 1 years (Minor) 6. Bhakkal Das, S/o Late Manwa Gaikwad, aged abouit 70years. 7. Ttjiya Bai, W/o Bhakkai Das, aged: about 65 years. Respondent no. 2 to 5 are minor, througtTlheir natural guardian-Mother- respondent no. 1, Smt. Anita, widow of Late Bedram Gaikwad @ Gendare, aged about 27 years. Respondent no. 1 to 7 are the resident of Village-Bhajnsmuti, Post Offiee Bhandarpuri, P.S. Kharora, District Raipur (C.G.) "%. ^'...•"'' " 1 I%^y% 1 ^"3^ ^w%^^" 8 Madhav Prasad Pandey, S/o Shri Kaushal Prasad, R/o Paras Nagar, Raipur (Near Masjid), P.S.-Ganj, District Raipur (C.G.) (Driver of Jeep No.CG 04 ZA 2225) 9. Chunwar, S/o Rajaram TSwari, R/o Shashtri Nagar, Mandi Ward, Raipur, P.S.-Ganj, District Raipur (C.< (Owner of Jeep No. CG 04 ZA 2225) 10. Ajaruddin, S/o Shafddin, R/o Near Shiv Mandir, Pandari, Raipur, P.S. Pandari, District Raipur (C.G.) (Owner of Jeep No. CG 04 ZA 2225) APPUCATION FOR RESTORATION OF MISCELLANEOUS APPEAL N0. (P.R. N0^343^0071 Present: Shri Ali Asgar, leamed counsel forthe pefitioner. ORDER (25th September, 2008) The fbllowing order of the Court was pa^ed by Rajeev Gupta, C.J.: Shri Ali Asgar, leamed counsel for the petittoner se^cs permission to withdraw thepetition with the liberty of filing anather appeal against the award dated 20th Decemfaer, 2006 passed by Additional Motor Accident Ctaims Tribunal, Ratpur in Motor Cteim Case No.88/2005. 2. The eariier appeai filed by the appellant/lnsurance Company against the said award was dismissed on account of the non-fHing of the deposit receipt of .the m?»wlatory amount of Rs.25,00©/-under SectSon 173 ofthe Motor Vehicles Act. 3. PermissiongranteG. 4. Wjth the above ttoerty, petition is dism^ed as withdrawn. r nimmi ^Oy 5. The certified copy of the award dated 20th December, 2006 fited by the appellanVlnsurance Company in M.A.(C) P.R. No.2343/2007 and A-2 (certified copy of the deposit receipt) filed in this petition be returned to learned counsel forthe petltioner. Sd/- Chief Justice Sd/- Sunii Kumar Ssnha Judge