HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR (DIVISION BENCH} CORAM : Hon’ble Shri S.R. Nayak, GJ Hon’ble Shri Satish K. Agnihotri, J. Misc. Appea! No. 502 OF 2005 Present: MrDashrath Gupta, leamed counsel for the appellant. ORA OR ER (Passed on 13 of December 2005) The following order of the court was passeJ by S.R. Nayak, OJ. Although, at the time of hearing, leamed counsel for the appellant submiued that an application was made before the MACT under Section 170 (b) of the Motor Vehicles Act, 1988, (for short “the Act”) the MACT did not pass any order on thatapplication, We are of the considered opinion that this appeal is not maintainable. If the appellantlinsurance Company had made an application under Section 170(b) of the Act, it should have pressed that application for an order before the MACT. ln the Appellant United India Insurance Company Limited. (Non-Applicant Through its Branch Manager, Branch omce No.3) at near Ram Mandir, Ambikapur, District u . ’ Surguja (Chhattisgarh) Versus Resp9ndents 1. Bacchu Ram. son of Shri Mahto Ram, aged a (Applicant) about 55 years, resident of Dewadand, P.S. " Khadgawan Tahsil Manendragarh, Distt. Korea (Chhattisgarh) {Non-Applicant 2. Ajay Kumar Singh, son of Shri Dashrath No.1) Singh, resident - Clo Ambika Transport, Ambikapur, Distt. Surguja (Chhattisgarh) iNon'appiicant 3. Ajay Kumar Agrawal, son of not known, No.2) resident of Bansant Lal Marg, Ambikapur, P.S. Ambikapur, Distt. Surguja (Chhattisgarh) ~1— circumstance, it looks to our mind that the appellant Ilnsurance company though filed such application, ultimately abandoned that appiication. Therefore, it is not permissible for the appellant/Insurance Company to assall the validity of the impugned award on merit. On that short ground, wej dismiss the appeal. There shall be no order as to costs. Sdl- Chief Jusu‘ce I; V g l \