viS^S^ '' ssss-^:,^ '%„ !1> HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SiNHA, J. APPELLANT N.A. No.3. Silssl;t3t (^^'3'- RESPONDENTS Claimants. Misc. Appeal No.1061 of 2005 Messsers Gupta Cement Agency Ganj Chowk, Rajnandgaon, Owner of Truck N0. CG 08^0/0256 (OWNER) Versys 1 Girdhah Sahu, S/o ~ Balwant Sahu, aged about - 57 years. 2 Shrimati Mantara Bai, W/o Girdhari sahu, aged about - years. Both resident of village Rohina, P.S. - Bilaigarh, District - Raipur, Chhattisgarh. 3 Bhagirathi, S/o Babulal Sahu, aged about - 28 years, R/o - Village Nagarda, P.S. Bitaigarh, District - Raipur, Chhattisgarh. 4 The New India Insurance Company, DivisiQnal Office, Raipur, Chhatti^arh. 5 Tej Ram, S/o Puranik Sahu,aged about - 28 years, R/o - Village - Sambalpur, P.S. Lalbagh, Rajnandgaon, Chhattisgarh. Respondents No. 3 to 5 are formal parties because award of Lower Court is not operative against them as they are format parties. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 N.A. N0.1, I.A, No.2 .A.No.4. ^ZsS^ •§3""".<?' ^^ Present: None for the appeiiant. Shri Sandeep Dubey, counsei for respondent No.3. Shri P. Dutta, counsel for respondent No.4. ORDER (18th June, 2Q09) The following order of the Court was passed by Rajeev Gupta, C.J.: On due consideration I.A.No.01/2009 is altowed and Shri Raj Awasthi, Advocate is permitted to withdraw hls Vakalatnama from the case. 2). As there is no representation on behalf of the appellant, the owner of the offending vehicte Truck, we are left with no other option, but to dismiss the appeal for want of prosecutlon. 3). The appeal, therefore, is dismissed for want of prosecutlon. 4). Consequently, M.C.P.No.1256/2005 also stands dismissed for want of prosecution. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge Subbu