Appellant HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL N0. 140/2003 National Insurance Company. Ltd., thmugh the Branch Manager, National Insurance Co., Bilaspur Bmnch, Taha Complex, Opp Pn'yadaxshini Nagar, Bilaspur—(C.G.). ------Non-Applicant no. 4 in the court below---- VERSUS Resandents A1jun S/o Bhujbal, aged about 40 yeals. Santhi W/o Aljun, aged about 35 years. a Both R/o Gram Kolawal, Tehsil Jagdalpur, Dist. Bastar—(C.G.). ----Respondents 1 &s 2 are the c]aimants——— Rajuram S/o Dashmu Ram, aged about 3O yeaxs, dliver of the vehicle Tractor No. M.P.025-B/ 1322, R/o Vinage Kolawal, Chowki Karpavand, P.S. Bhanpuri, Dist. Bastar-(C.G.). --——Non—App1icant N0. 1 in the court beloW--- Dashrath S/o Sadu, Caste Bhatm, aged about 6O years. ----Non-Applicant NO. 2 in the comt below——- Ratiram S/o Basman, aged about 55 years. ——-—Non —Applicant No. 3 in the court bel --- Respondents 4 to 5 are the owners of the Tractor No. MP025—B/ 1287, R/o Village Kolawal, P.S. Bhanpuri, Tehsil Jagdalpur, Dist. Bastar—(C.G.). Manager Lempas, Kolawal (Bakavand), Tehsil Jagdalpm‘, Dist. Bastar (0G,). -——Non Applicant NO. 5 in the court below-~- MISCELLANEOUS APPEAL Uts 1'13 OF THE CODE OF THE MOTOR VEHCILE ACT. _An'sing 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 N0. 232/2001. . (BB :Hon’bleMr. T.P.Shnma, J.) Present- Shri Gautam Khetxapal, Advocate for the appellant. ORAL- ORDER (Passed on 20]!)3/2009) 1. Heard. 2. Learned counsel for the appellant Submits that appellant has not deposited the mandatory deposit as required under Section 173 of the Motor Vehicles Act. 3. Learned counsel for the appellant further submits that he seeks to withdraw this appeal withliberty to file fresh application after complying the mandatory provisions of Section 173 of the Motor Vehicles Act. 4. Prayer allowed. 5. Accordingly, the appeal is dismissed as withdrawn with aforesaid liberty. 6. Certified copy of the award filed on behalf of the appellant shall be returned to the appellant on furnishing a duly attested photocopy of the same. 7. M. C.P. No. 256/2003 is also dismissed. 8. No order as to the costs. Sdl- T. P. Sharma Judge WK