HIGH COURT OF CHHATTISGARH AT BILASPUR DiVlSION BENCH CORAM : kPPELLANT No.1 Owner/Defendant No.2 NF: RESPONDENTS 1 . Claimants M. A. No.900 of 2002 Anil Kumar Jain, S/o Tara Chand Jain, Aged about 32 years, R/o Viliage — Pachpedi, Tehsil - Kurud, District Dhamtari, (Owner) Versus Smt. Madhuri @ Madhu Bai, Wd/o Krishna Kumar Sahu, Aged about 30 years. Ku. Kasturi, D/o Krishna Kumar Sahu, Aged about 15 years. Ku. Soni, D/o Late Krishna Kumar Aged about 12 years. Ku. Preeti, D/o Late Krishna Kumar Aged about 9 years. Ku. Shashi, D/o Krishna Kumar Sahu, Aged about 6 years. Ku. Durga: D/o Late Krishna Kumar Sahu, Aged about 2 years. No. 2 to 7 are minor, through Their naturai mother Smt. Madhuri @ Madhu Sahu, Wd/ Krishna Kumar Sahu. Smt. Shyam Bai, Wdfo Late Jagdishram, Aged about 62 years. Aii resident of village — Bhakhara, Tehsii — Kuud, Distt. Dhamtari (0.6.) HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. i Aggeai under Section 173 ofthe Motor Vehicles Act. x Shri Ajay; Mishra, learned counsel for the appellant. ORDER (23m July, 2008) a The ‘follong order of the Court was passed by wi Rajev Gupta, C.J. e Shri Ajay Mihra, learned counsel fer the appellant in View of the fact that the appellant is not responding to the communication ascertaining aout the deposit of mandatory deposit by the appellant under Section 173 of the Motor Vehicles Act, seeks permission to withdraw the appeai filed by appellant - Anil Kumar Jain against the award dated 30-1 0—2002, passed by the Additional Motor Accident Claims Tribunal, Dhamtari, in Claim Case No.173/2002, with the liberty of fiiing another appeai against the impugned award as and when the deposit receipt is made available by the appellant. 2. Permission granted. 3‘ With the above liberty, the appeai is dismissed as withdrawn. 4. Consequentiy, M.(C) P. No.1755l2002 also stands dismissed as withdrawn Present: s b RESPONDENT: & 8. Laxman Prasad Sahu, Sio Ajit Sahu, DRNERI Aged about 22 years, R/o ViHage — DEFENDANT No.1 Gadadeeh, Tehsil — Kurud, District — Dhamtari (DRIVER) RESPONDENT; 9. New India Assurance Company Ltd., Defendant No.3 in front of Project Automobiies, G.E. Road, Bhiiai, Durg.