HIGH COURT OF CHHATTISGARH AT BILASPUR Singie Bench : Hon’bie Shri nilip Raasaheb DeshmuRh,_J. Miscellaneous Appeal No.&5l2003 Baliram‘ Son of Shri Resident of Village Kanchri, Tahsi! Chhuikhadan, I District Rajnandgaon (Chhattisgarh) r (MQTOR cYCLE OWNER) Apgeiialg Versus Respondents 1. Kumari Dineshwari Sahu, Daughter of Shri Premlal Sahu, Aggd about 5 years, (Minor), Resident of .Village Kataaiwahi, Tahsil Chhuikhadan, District Rajnandgaon (Chhattisgarh) (CLAIMANT) Bishambhar, Son of Jaia Singh, Aged abom 34 years, Resident of Dauchora, Tahsil Khairagarh, District Rajnandgaon (C.G.) NA (DRIVER) Appeai under Section 173 of tho Motor Vehicles Act, 19%. Present : — No one appears for the appellant. ORAL ORDER (Passed on this 11‘“ day of November, 2008) No one appears on behalf of the appeliant. (2) The appeal is pending since 2003. statutory deposit as contemplated by proviso to sub Section (1) of Section 173 of the Motor Vehicles Act has not yet been made. Time was granted for the said purpose subject to payment of cost. (3) In this view of the matter, since no one appears for the appeiiant and no representation is made on his behalf, the appeai is dismissed in default of the appellant as also for non—compliance of the proviso to sub Section (1) of Section 173 of.the Motor Vehicles Act, sd'I- DilipRaosaheb Deshmukh ‘ Tumane i ,gudge " tit