@ HIGH COURT OP CHHATTISGARH AT BWLASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV QUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Miscellaneous Appeal (ClNo.526 of 2006 Appellant 1 Kameshwar Singh S/o Shri Mutton Owner Singh, aged 45 years, Ocoupation- Agriculture, r/o Gram-Nagra.P.S. Ramanujganj, Tehsil-Pal, Dist.-Sarauia (C.G) Resoondents VERSUS Smt. Sunita Devi Wjdow Premram, aged 32 years, OccupatJon-Housewife. of late 2. 3. 4. 5. Manit Kumar S/o late Premram, aged 15years. Ramnath S/o late Premram, aged 12 years. Pramod S/o late Premram, aged 9 years. Dharam Ram S/o late Premram, aged 5 years. (Respondents no. 2 to 5 minor through their natural guardian mother/ respondentno.1) (All r/o Gram-Vijay Nagar; Tehsil-PaI, Dist.SargyJ2(C.G.). (Claimants) Vinay Singh s/o Rampati Singh, aged 32 years, r/o Gram-Bhanwarmal, P.S. Ramanujganj, Tehsil-Pal, DistriGt- Sarauia (C.G.) (DRIVER) Branch Manager, The New tndia Insurance Company Limtted, Branch Office-Rajdhani Building, Dharamshala Road, Daltangani. District Palamu (Jharkhand) (INSURER) /f^\ i ft-^^ 1 ^ '^^ \ %.^y^ ^...y Miscellaneous Appeal underSectton173ofthe MotorVehidesAct. Present: Shri Abhishek Sinha and Shri G.S. Patel, counsel for the appellant. Order (30th June, 2009) The following order of the Court was pa^ed by Rajeev Gupta, C.J. Shri Abhishek Sinha, learned counsel for the appellant, tn view of the fact that the appellant is not respondir^ to his communication for sending the deposit receipt of the madatory deposit required under Section 173 of the Motor Vehtetes Act, seeks permission to withdraw the appeal filed by the appellant against the award dated 19.06.2006, passed by the First Additional Motor Accident Claims Tribunal, Ramanujganj, in Claim Case No.12/2005, with the liberty of filing another appeal against the award as and when the deposit reeeipt is made available by the appellant. 2. Permission granted. 3. With the above Hberty, the appeal Is cWsmissed as withdrawn. 4. Consequently, M.C.P.No.2159/2006 also stands dismissed as withdrawn. subbu Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge