•^^.,\ y^ \ ? '••^^M--" ^^ .J-y^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH ^ CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLESHRI N.K. AGARWAL, J. Appellants Claimants Respondents Non^applicants Misc. Aopeal (CI No.7S7 of 2008 1 Ku RAjiya Begam, aged about 29 years, d/o late Bajir Khan 2 Ku Rabiya Begam, aged about 31 years, d/o late Bajir Khan 3 Smt Jamila Begam, w/o late Bajir Khan All are the residents of Chatapara, near Brahaspati Market, Tahsil & District Bilapur(CG) VERSUS 1 Smt Biras Bai Sahu, w/o PR Sahu, R/o MQ 167, Urja nagar, Gevra Project, Korba, distt Korba (Owner) 2 Omprakash Nirmalkar. S/o SS Nirmalkar, r/o Saliha, Tahsil - Pali, Distt Korba (CG) (Driver) 3 Branch Manager, the Oriental Insurance Co Ltd., Branch Office, Korba, Distt Korba (CG) (Insurance Co) Miscellaneous appeal under Section 173 of the Motor Vehicles Act Present : Shri Hemant Gupta, counsel for the appellants. Shri AKAthaley, counsel for respondent No.3. ORDER (12th July, 2011) ^- ^ -^^.A 1j' w -^ ^,,;^y -••^^'^" The following order of the Court was passed by Rajeev Gupta, CJ. Shri AK Athaley, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle truck submitted that the Tribunal has awarded excessive sum of Rs.4,55,000/- as compensation to the claimants by selecting the higher multiplier of 18 and as such, the appellants/claimants may be directed to return the surplus amount to the insurance company. 2) Shri Hemant Gupta, teamed counsel for the appellants in view of the above submissions of learned counsel for the insurance company seeks permission to withdraw the appeal filed by the appellants/claimants for enhancement of the compensation awarded by the Second Additional Motor Accident Clalms Tribunal, Bilaspur vide order dated 28.04.2008, passed in claim case No.65/2007. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. Certified copy of the order as per rules. Sd/- Chief Justice Sd/- N. K. Agarwal Judge ^ padma