HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL NO. 139/2003 Appellant National Insumnce Company Ltd., through the Branch Manager, National Insurance Co., Bilaspur Branch, Taha Complex, Opp Prjyadarshjni Nagar, Bilaspur—(C. Cm). ------Non-Applicant no. 4 in the court below—--— VERSUS Respondents 1. Samdhu Ram S/o Han', aged about 58 years. 'Parwau‘ W/o Samdhu, aged about 52 years. 2. Both R/o village Kolawal, Tchsil Jagdalput, Dist. Bastar (C.G.). -----Respondents 3 85 2 are the claimants»- Rajuram S/o Dashmu Ram, \aged about 3O years, deliver of the vehicle Tractor No. M.P.025-B/ 1322, R/o Village Kolawal, Chowki Karpavand, 8. x P.S. Bhanpuri, Dist. Bastar (C.G.). ——--Non—Apph’cant NO. 1 in the court below--—- 4, Dashxath S/o Sadu, Caste Bhatta, aged about 60 years. ----NonvApplicant NO. 2 in the comt bel ——- Ratiram S/o Basman, aged about 55 years. , -----Non—Applicant N0. 3 in the Court belo --- Respondents 4 to 5 are the owners of the Tractor N0. MP025—B/ 1287, R/o Village Kolawal, P.S. Bhanpuri, Tehsil Jagdalpur, Dist. Bastar-(C.G.). Manager Lempas Kolawal (Bakavand), Tehsil Jagdalpur, Dist. Bastar‘(C.G.). -—-—Non-App1icant NO. 5 in the Court below---- MISCELLANEOUS APPEAL UIS‘ 173 OF THE CODE OF THE MOTOR VEHCILE ACT. _Arising out of the award dated 7/ 11/ 2002 passed by the 1“ Addl. Motor Accident Claims Tribunal Jagdalpur, Dist. Bastar (C.G.). in Claim Case NO. 233/2001. . (SB :Hon’ble Mr. T.P.Sharma, J.) Present- Shri Gautam Khetmpal, Advocate for the appellant. ORAL- ORDER (Passed on 20/0312009) 1. Heard. 2. Learned counsel for the appellant submits that appellant has not depcsited the mandatmy deposit as required under Section 173 of the Motor Vehicles Act. Learned counsel for the appellant fux’cher submits that he seeks to withdraw this appeal with liberty to file fresh application after complying the mandatory pravisions of Section 173 0f the Motor Vehicles Act. Prayer allowed. Accordingly, the appeal returned to the appellant on furnishing a duly attested photompy of the same. M. C.P, No. 255/2003 is also dismissed. No order as to the costs. Sdl- T. P. Shanna Judge is dismissed as withdrawn with aforesaid liberty. lant shall be Certified copy of the award filed on behalf of the appel / /