^ "^ ^MCJ 3-^/^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRS T.P. SHARSVSA, J. Misc. Appeal (CHPR). No. 3411/2007 APPELLANT Manish Kothari, S/o Bhikham CLAIMANT RESPONDENTS Chand Kothari, aged about 26 years, Occupation - Kothari Industries and Sou Mills Proprietor R/o Durg (CG) Versus 1. Ramchandra, S/o Gulab Rao Deshbhratar, R/o Rahul Nagar, Nagpur and Rana Raghujee Nagar, PO Sakardara, Nagpur (MH) Driver 2. Babu Singh, S/o Nath Singh, R/o Tatibandh, Raipur, District ~ Raipur (CG) Owner 3. National Insurance Company Ltd., Bhuram Chouk, Dharampet Akashganga complex, Supeia, Bhilai, District - Durg (CG) Insurer MEMO OF APPEAL UNDER SECTION 173 OF THE MOTORVEHICLESACT 1988 Present:" Shri Anurag Jha, counsei for the appellant. O RD E R (16th March, 2009) The followlng order of the Court was passed by Rajeev Gupta, C.J.: Shri Anurag Jha, iearned counsei for the appellant seeks permission to withdraw I.A. No. 01/2009, an application for condonation ofdelay in fiiing the appeal. {^} .) 1 2) Permission granted. 3) I.A. No.01/2009, therefore, is dismissed as withdrawn. 4) The appeal filed by appellant Manish Kothari for enhancement of the compensation awarded by 9th Additional Motor Accident CJaims Tribunal, Durg, vide award dated 31.10.2006, passed in Claim Case No.229/2005, is reported to be time - barred by as many as 82 days. 5) No application was filed aiong with the appeal for condonation of deiay In filing the appeal. 6) The application (i.A. No.01/2009) filed by the appellant for condonation of delay on 16.03.2009 has been withdrawn by learned counsel for the appellant. 7) Thus, the appellant has miserably failed in showing any cause much less sufficient cause for the deiay in fiiing the appeai. 8) In thls view of the matter, we are left with no other option but to dismiss the appeal as time - barred. 9) The appeal, therefore, is dismissed as time - barred. subbu Sd/- Chief Justice Sd/- T.P. Sharma Judge