HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON’BLE SHRI RAJEEV GUPTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J. I Misc. Anneai No. 189 of 2004 Appellant Claimant Vibin Bihari, Aged 35 yrs. S/o GR‘ Ba'riha Through Iegal representative wife Pratibha Bariha, Rio Shankar Nagar, Raipur Tah & Dist. Raipur (C.G.) VERSUS Respondents 1 Vinod Kumar S/o Gengamm (Vehicle Non-Applicants Owner), Through Branch Manager, Life Insurance Company, R/o Rajbandha Maidan, Raipur, Tahsil & Dist. Raipur K (0G) 2 The New india Insurance Co. Ltd. Through the Divisionai Manager, Divisional Office, Kutchhery Chowk, Jail Road, Tahsil & Dist-Raipur (C.G.) Miscellaneous Appeal under $ection 173 of the Motor Vehicle Act 1988 Present : Shri S.C. Verma, learned counsel for the appellant. ORDER (15m Jury, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri S.C. Verma, learned counsel for the appellant, in View of the fact that the appellant is not responding to his communication for sending his affidavit in support of the application for condonationof the delay in filing the appeal, seeks permission to withdraw the appeal filed by the appellant for enhancement of the compensation awarded by the Third VV..§‘,, ‘ ‘ k) Additionai Motor Accident Claims Tribunal, Raipur, vide award dated 19.12.2002, passed in C!aim Case No.119/2002, with the liberty of filing another appeal for enhancement of the compensation as and when the affidavit in support of the delay oondonation application is made available by the appellant. 2) Permission granted. 3) With the above liberty, the appeal is dismissed as withdrawn . 4) The Registry is directed to return the certified copy of the impugned award to learned counsel for the appellant, ’3 immediately. l l Sd/- Sd/— . \ V ‘ / / l SunilKumar Sinha l‘ Judge ‘ Chief Justice I s l’llmml