HIGH COURT OFCHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl PR No. 3829 of 2010 n^C 5'35/II Appellants 1 Saroj Dewangan, Wd/o Kamal Claimants Kumar Dewangan, aged about 25 yrs. 2 Nilesh Dewangan, S/o Late Kamal Kumar Dewangan, aged about 03 yrs. 3 Pukhraj Dewangan, S/o Late Kamal Kumar Dewangan, aged about 01 yrs. AppellantNo. 2-3 are represented by legal guardian mother appellant no.1, All resident of Biragaon, PS Urla, Distt. Raipur (CG) VERSUS Respondents Non-applicants Romu @ Manoj Sahu, S/o Sri Shyamlal Sahu, R/o village & PO- Rohara, PS- Bhatapar (Rural), Dist. Raipur, Present Address- Bahnpuri, Ganganagar, PO-Birqaon, PS- Khamtarai, Raipur, District Raipur (CG) Smt. Kusum Shakunia, W/o GL Sakunia, C/o Milan Sweets Station Road, Raipur, District Raipur, CG. The Oriental Insurance Co. Ltd. through the Divisional Manager, The Oriental Insurance Co. Ltd. Jail Roda, Raipur, Dist. Raipur (CG) Sushil Kumar Jain, S/o Govind Mal Jain, R/o Daundi Lohara, Tah.- Balod, Dist. Durg, CG. . SS^ j J-/ 'V^F 5. The Oriental Insurance Co. through the Divisional Manager, the Oriental Insurance Co. Ltd. Jail Roda, Madina Building, Raipur, Dist. Raipur (CG) 6. Rajesh Magendra S/o Lalaram Magendra, R/o Sorid Nagar, Dhamtari, District Dhamtari, CG. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Shri O.P. Yadav, counsel for the appellants. ORDER (29th April, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri O.P. Yadav, learned counsel for the appellants, in view of the fact that the appellants are not responding to his repeated communications for sending their affidavit in support of the application for condonation of the delay in filing the appeal, seeks permission to withdraw the appeal filed by the appellants/ claimants for enhancement of the compensation awarded by the 14 Additional Motor Accident Claims Tribunal, Raipur vide award dated 12.04.2010, passed in Claim Case No.133/2006 with the liberty of filing another appeal for enhancement of the xompensation as and when affidavit in support of the application for condonation of the delay is made available by the appellants. 2) Permission granted. \. •^. ^ '^; <L3 3) With the above liberty, the appeal is dismissed as withdrawn. 4) The Registry is directed to return the certified copy of the impugned award to learned counsel for the appellants immediately. Certified copy of the order as per rules. Sd/- Chief Justice nmmi Sd/- ^ R.N. Chandrakar Judge j