HIGHCOURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRIRAJEEVGUPTA,C.J. HON'BLE SHRI SUNILKUMARSINHA. J. ^^ Appellant Non-applicanl Respondents Claimants Applicants Misc. Aopeal No. 951 of 2004 •» Gopal Ram Yadav, agetl about 32 years, son of Shri Firturam Yadav, resident of village Bhagpdih, P.S. Baradwar, at present residing at village Paasi, P.S. Sakti, presently posted at Railway Gangman, at Gaurela, Tah. Gaurela, distt. Bilaspur C.G. Versus 1 Smt. Hema Lamba, aged about 39 years, widow of late Guljeet Lamba. 2 Ujjawal Lamba, aged about 16years, (Minor), son of Guljeet Lamba. 3 Gautam Lamba, aged about 14years (minor), sonof Guljeet Lamba. Minor 2 and 3 through : Guardian mother (resp no.1) Smt. Hema Lamba, resident of C/o. Sanjay Kshetrapal, Naya Sarkanda, Bilaspur C.G. Respondents Non-applicant No.2 National Insurance Co. Ltd. through Branch Manager, branch ofRce, 13, Veenu Complex, Main Road, Kosabadi, Korba(C.G.) Misc. Appeal under Section 173 of the Motor Vehicle Act Present/: Shri Roshan Dubey, leamed counsel for the appellant. ORDER ird (03m February, 2011) itk,&uDauB sag5ss"i@ ^"s"a't<: /'.^ "\ '^} The following order of the Court was passed by RajeevGupta, C.J. Shri Roshan Dubey, tearned counsel for the appellant, in view of the fact that the appellant, inspite of his repeated communications, has not deposited the mandatory deposit under Section 173 of the Motor Vehicles Act, seeks permission to withdraw the appeal flled by the appellant against the impugned award dated 31.07.2004, passed in Claim Case No.95/2002 with the liberty of flling another appeal against the impugned award as and when the mandatory deposit under Section 173 of the Motor Vehicles Act is deposited by theappellant. 2) Permission granted. 3) Withthe aboveliberty, theappealis dismissaj as withdrawn. 4) Consequently, M.C.P. No. 1316/2004 also stands dismissed as withdrawn. 5) Registiy is directed to return the certified copy of the impugned award to tearned counsel for the appellant immediately. ^ertifiedcopyoftheorderasperryjes_ ,r:- SdA C'MefJustice Sdl- Sunil Kumar Sinha judge ^.$^:^:i ^IIBKB'! ^^•.J'^^^^i.As^SiiiafeSu.Sa;SS'!& sss•B.^fe^^^s^ffi'fe-i^iiai: