HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHR! R.L. JKANWAR, J. Claimants No.1 to4 7 Dulari Bai Mali, widow of late Laxman Prasad Mali, aged 65 years, R/o Viilage Ward No.+2/12, Nayapara; Bemetara, District Durg (C.G.). Ramkumari wife of late Omprakash, aged 45 years, Occupation Service. Abhishek, son of late Omprakash, aged 20 years, Occupation Teacher. Prashant son of late Omprakash, aged 18 years, occupation Student. Ku. Purva, daughter of late Omprakash Mali, Occupation Student, aged 14 years, Minor through her natura! juardian mother Respondent No.1. All resident of Nayapara, Bemetara, Tahsil and Police Station Bemetara, District Durg (C.G.). Sitaram, son of Dukhuram Soni, aged 45 years, R/o Ward No.2, Than Khamhriya, Tahsil and Poiice Station Khamhriya, District -Durg (C.G.). Driver Smt. * Shailkumari ' Tiwari, wife of Murarilal Tiwari R/o Than Khakhriya, Tahsii and Police Station Khamhriya, District Durg (C.G.). -Vehicie Owner. i.C.I.C.I. Lombard Company; Indian Coffee House, 2nd floor, Near Raj Talkies, Raipur (C.G.). Certificate -cum- Policy mi No.3001 /5257020244/01 /OOO, from 21.09.08 to 20.09.09. Vehicle No.CG07M-3509 Insurer. dated Memo otMjsc. Appeal under Section 173 of the Motor Present: Shri Ravish Verma, counsel for the appellant. (18th February, 2010) The foltowing order of the Court was passed by Rajeev Gupta, C.J. Shri Ravish Verma, learned counsel for the appellant, in view of the fact that appellant Dulari Bai Mali has died after filing of the appeal, seeks permission to withdraw the appeal filed by the appeliant, with the liberty of filing another appeal if so instructed by the legal representatives of the appellant. 2) Permission granted. 3) With the above liberty, the appeal is dismissed as wlthdrawn. 4) Registry is directed to return the certified copy of the award to learned counsel forthe appellant immediately. " Sd/- ;ce Sd/- R.jZ,. Jhanwar Judge subbu