'^^ e> ^19 CcJ ^ Q HIGH COURT OF CHHATTISGARH AT B1LASPUR DIVIS80NBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT (Owner) Misc. ADpeal (0 (PR) No. 3837 of2007 Rajkumar Prajapati S/o Ramvirksh Ram, aged about 33 years, R/o Sinh Colony, Jodapipal Kedarpur, Amblkapur, District Surguja (C.G.) RESPONDENTS €"w^ Versus 1. United India insurance Cpmpany Limited, through Branch Mariager, Near Ram Mandir, Ambikapur, District Surguja (C.G.) 2. Smt. Gulabi Devi W/o Late Mahendra Rajwade, aged about 38 years, 3. Rajesh S/o Late Mahendra Rajwade, agedabout18years, 4. Rakesh S/o Late Mahendra Rajwade, aged about 16 years, through his natural guardian Smt. Gulabi Devi W/o Late Mahendra Rajwade, aged about 38 years, 5. Gahbar S/o Late Ujit, aged about 61 years, 6. Khuleshwarj Bai W/o Gahbar, aged about 58 years, All res. No. 2 to 6 R/o Village Kuruwan, P.S. Vishrampur, Tahsil Surajpur, District Surguja (C.G.) 7. Shadat Ati S/o Taufik Ansari, aged about 21 years, (Driver) C/o Rajkumar Prajapati, R/o Sinh Colony, Jodapeepal Kedarpur, Ambikapur, DistrictSurguja(C.G.) (Formal Party((Driver) BIBHUTI PRASAD Digitally signed by BIBHUTI PRASAD Date: 2025.02.05 10:18:24 +0530 '^=^^ .3/ MisceSlaneous Appeai Under Section 173 ofthe Motor Vehicles Act,1988 Present: Shri F.S. Khare, learned counsel forthe appellant. ORDER (25th June,2008) The foilowing order of the Court was passed by Rajeev Gupta, CJ. Shri F.S. Khare, tearned counsel for the appellant, in view of the fact that the appellant has not deposited the mandatory deposit of Rs.25,000/- stipulated under Section 173 of the Motor Vehicles Act, inspite ofthe repeated communications from him, seeks permission to withdraw the appeal filed by the appeliant against theaward dated 28-09-2007, passed in Motor Claim Case No.111/2006 with the liberty of filing another appeai against the impugned award as and when the mandatory amount of Rs.25,000/- is deposited by the appellant. 2. Permission granted. , 3. With the above liberty, the appeal is dismissed as withdrawn. 4. Certlfied copy of the impugned award be returned to learned counsel<forthe appellanton the production of a photo-copythereof. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu