@ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI N.K. AGARWAL, J. Misc. Appeal No. 568 of 2002 Appeal under Section 173 of the Motor Vehicles Act Present : Shri A.L. Singraul, counsel for the appeilant. Shri Shreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER (03“ November, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Shreekumar Agrawal, learned Senior Counsel and Shri Appellant . Smt. Premlata Shukla, aged about Claimant 52 years, wd/o Sharda Prasad Shukla, occupation House wife, r/o vill. Kurud tah. Kurud, district‘ Dhamtari C.G. VERSUS Respondents 1. Ramsundar Kshatriya, aged about Non-applicants 60 years, s/o Gulabsingh Kshatriya, r/o Kora, P.S. Bhanupratappur tah. & distt. Bastar. 2. Abdul Rasid s/o Haji Abdutla, r/o New Bastar Garage, Banstal tah. and distt. Raipur C.G. 3. The National Insurance Co. Ltd., through Divisional Manager, Mobin Mahal, G.E. Road, Raipur C.G. 2 MA. No. 568 of 2002 Anand Gupta, Iearned counsel for respondent No.3 the National Insurance Company Limited submitted that the Tribunal has erred in deducting oniy 1/3rd of the income of the deceased towards his personal expenses, though the deduction in that behalf ought to have been 50% of the income of the deceased as the deceased was unmarried on the date of the accident and in View of the dicta of the Apex Court in the cases of Syed Basheer Ahamed and others Versus Mohammed Jameel and another reported in (2009) 2 Supreme Court Cases 225 and Sarla Verma (Smt) and Others Versus Delhi Transport Corporation and another, reported in (2009) 6 SCC 121. , 2) At this stage, Shri A.L. Singraui, Iearned counsel for the appellant seeks permission to withdraw the appeal. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. Certified copy of the order as per rules. Sd/- slit!— Chief Justice N. KIAQ'a‘Wa‘ Judge /K~ nlmml