;i1 B (6^ t^^. {Non-Appiicant no.2) RESPONDENTS (Ciaimants) (Non-Applicant No.1) HIGH COURT OF CHHATTISGARH AT BILASPUR DIViSION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. MISC. APPEAL (0 (PR) No. 2418 of 2608 WA^c? l.^Z^./q The Orienfal Tnsurance Company Limited, Through: !Ss Dlvlsion Manager, Branch Office- Ambikapur, District Sarguja (C.G.) Versus 1. Meena, W/o Late Sheetat, aged about 45 years, 2. Vijay, S/o Late Sheetal, aged about 25 years, 3. Ajay, S/o Late Sheetal, aged about 23 years, Respondents No. 1 to 3 are R/o Ward No.10, Dafai No.3, JHAGRAKHAND, District Koriays (C.G.) 4. Rakesh Domar, S/o Bstoulal Domar, aged about 45 years, R/o Harradapagai, Ledari, Police Station Jhagrakhand, District Koriya (C.G.) OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Present: Shri Ajay Mishra, counsel for the appellant. ORDER (16th October, 2008) The followtng order of the Court was passed by Rajeev Gupta, C.J.: Shri Ajay Mishra, learned counsei for the appellant, in vlew of the fact that appellanVlnsurance Company is not responding to his communication for filing an appropriate application for condonation if^^r^ r %,,- ' <a ' ^A 1 » '''*! i '35 ss^^ of the delay in filing the appeal, seeks permission.io wittidraw the appeat filed by the appellant/lnsurance Company against the jrnpugned award dated 25.4.2008; passed by the First Additionat Motor Accident Claims Tribunal, Manendragarh, District Koriya, in Motor Claim Case No.60/2007, with the liberty of flting anrther appeal as and when the instructions are received frcnn the appellanVlnsurance Company along with an affidavit in support af the delay condonation application. 2) Permission granted. 3) With the above Itberty, the appeal is dismissed as withdrawn. 4) The Registry is directed to return the certified copy of impugned award and the certified copy of order dated 04.08.2008, passed by the Tribunal under Sectim 170 of the MotorVehictes Act, to leamed counsel for the appetjant ~ — Sd/- • Chief Justice Sd/- Suni] Kumar Sinha Judge subbu ^<%-'