m THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) / 2011 OivisionBendl APPELLANT. -^PPLICANT M.A (C) No. 9 Z^ Vijay Mandal aged about 28 Years ^S/o Shri Vimal Mandal, R/o Vill- Mongara, P.S.- Ambagarh Chowki, Distt. - Rajnaadgaon (C.G.) VERSUS RESPONDENTS................... (1) Manqj Bharti Aged about 26 <?NON-APPLICANT ^ Years, S/o Hardev Bharti, R/o Gauri Nagar, Ward No. 12, P.S.- City Kotwali, Rajnandgaon (C.G.) (2) Aashish Pandey S/o V.N. Pandey, ' R/o Sahdev Nagar Rajnandgaon, at present R/o Purana Bus Stand Rajnandgaon (C.G.) (3^ The National Insurance Co. Ltd., ^" Branch Office Kamthi Lme, ' Rajnandgaon (C.G.) APPEAL UNDER SECTION 173 QFTHE MOTOR VEfflCLE ACT <!••- .\ ,v (^' HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. ApRellant Applicant Respondents Non-applicants Wlisc. Appeal (C) No. 921 of 2011 Vijay Mandal aged about 28 yers s/o Shri Vimal Mandal, r/o vill. Mongara, P.S. Ambagarh Chowki, distt. Rajnandgaon C.G. VERSUS 1. Manoj Bharti aged about 26 years, s/o Hardev Bharti, r/o Gauri Nagar, Ward No.12, P.S. City Kotwali, Rajnandgaon C.G. 2. Aashish Pandey s/o V.N. Pandey, r/o Sahdev Nagar, Rajnandgaon, at present r/o Purana Bus Stand Rajnandgaon C.G. 3. The National Insurance Co. Ltd., Branch Office, Kamthi Line, Rajnandgaon C.G. Memo of apoeal under SectjonJ73 of IVIotor Vehicle Act Present: Shri Rakesh Thakur and Akhilesh Mishra, counsel for the appellant. ORDER ist (01st<December,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Rakesh Thakur and Shri Akhilesh Mishra, learned counsel for the appellant, in view of the fact that the appellant is .i-- M.A.C.No.921 of 2011 not responding to his repeated communications for sending his affidavit in support of the application for condonation of the delay in filing the appeal, seek permission to withdraw the appeal filed by the appellanV claimant for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon, vide award dated 19.11.2010, passed in Claim Case No. 188/2009 with the liberty of filing another appeal for enhancement of the compensation as and when the affidavit in support of the application for condonation of the delay is made available by the appellant. 2) Permission granted. 3) With the above liberty, the appeal is dismissed as withdrawn. 4) Registry is directed to return the certified copy of the impugned award to learned counsel for the appellant immediately. Certified copy of the order as per rules. SdA. Chief Justice Sd/- R.N. Chandrakar Judge subbu ^"