^^/IQ HI6H COUKT OF CHHATHSeARl-1 .4T B3 M..4. (O (PR) No.351.3 of 2009 ^&p®ll<snt Shrl ^zlrQw Mon ihL S/o Shri Bsrsrldrn Ctaimant Manjhi, aged about 22 years,through his Power of Attorney holcier* - Shri Birendra Maiijhi S/o yijay Kishno Manjhi, R/o - East Borgaon, Poiice Station Faroshgaon, District - Bastar (C.0.) Versus 1. Kalichand Dos, S/o Rasraj Dcs, ft/o - Ecst Boracon. Police Station Kondag&pn, Tonsi! - Kondagaon, District - Btistar (C.&.) 2. The Nationn! Insunince Company Limited through Divisionai Manager, &ivisionai Office, The National Insurance Company Limited, 6-E. ftoad, ftaipur, Tahsil & Oistrict - Raipur (C.G.) Reseondents Non-ciaimants (Appea! under' sectio" 173 of the Motor Vehicte Act, 1988) &B: Hon'bleMr.T-P. Shsrma. Hon'ble Mr. R.N.Chandrakar. J.J Present: Mr. Shiyendu Pandya, counsel for the appel'ont. JUD6MENT CVassed on 17th February. 2010) !. Registi-y has pointed out defaults. 2- Learned counsel for" the aDDellant submits that he has r'e'roved the defauits as pointed out by the Registry. 3. This appeal has been preferred with a delay of 51 days. 4. Heard o" I-A^o.Ol, application for condona+ion of deiay in fiSing the 5. On due cflnsider'ation of the grounds mentioned in the appHcctlon, we are satisfled that the appellant has been ab!e to explain the delny in the -< ^ ll' -2.- filing the appeal. .Accordingly, I.A.No.Ol is allowed. Ctelay in filing the appec! is hereby condoned. It be registered in Miscellaneous Appeal (C). 6. Learned counset for the cippellcnt seeks permission of this Cour!' to i-siithdr-aw this appea! with liber+y to fi!e petition before competsnt forum i.e., Additional Motor Accident Chims Tribuna!, Kondagaon, bistrict Bo-star. 7. Accordingly, the appea! is dismissed os wi-t+>di*nwn with the aforesaid Jiberty- Certified copy of the award iirpugned be returned to the counse! jor the appelhnt after fumishing duly d^ested photocopy of the same. Sd/- . I _ sd/-. T-P Sharma i ! RN- CHANMAKAR. Judge | L Judge K E§ v 'N