HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. HON’BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal No. 583 of 2005 1 Smt Rajinder Kaur, Wd/o Iqbal Singh, Age 42 years, Housewife Ku Daljeet Kaur, D/o Iqbal Singh, age 20 years Both R/o House No.16 B — 24, Udaya Society, Tatibandh, Raipur, Teh & Distt Raipur (CG) Appellants Claimants Versus Respondents Inderjeet Singh, Owner R/o Behind Non-Applicants Gurudwara, Tatibandh, Raipur, Teh & Distt Raipur (CG) 2 The Oriental Insurance Co Ltd., Through, Divisional Manager, Divisional Manager, Divisional Office, Kutchery Chowk, Jail Road, Raipur (CG) Misc. Appeal under Section 173 of the Motor Vehicle Act Present : Shri Pawan Kesharwani, counsel forthe appellants. Shri Sudhir Agrawal, and' Shri P Dutta, counsel for respondent No.2. ORDER (10th February, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. _ Shri Sudhir Agrawal, and Shri P Duta, learned counsel for respondent No.2, the Oriental Insurance Company Limited have raised a preliminary objection. about the maintainability of the —....c petition under Section 163-A of the Motor Vehicle Act in View of the dictum of the Apex Court in the case of Ningamma & Another Vs United India Insurance Co. Ltd., reported in AIR 2009 SC 3056. 2) Shri Pawan Kesharwani, learned counsel for the appeiiants/ciaimants in this view of the matter seeks permission to withdraw the appeal tiled by the appellants/claimants for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur vide award dated 01 .042005 passed in claim case No.1 1 /2003. 3) Permission granted. 4) The appeal, therefore, is dismissed as withdrawn. 5) Shri Sudhir Agrawal, and Shri P Duta, learned counsel for r respondent No.2 the Oriental Insurance Company Limited, in view of the fact that the appeal has been dismissed as withdrawn, seek permission to withdraw the cross—objections filed by the insurance Company. 6) _ Permission granted. 7) The cross-objections (lA No.1/2011), therefore, are also dismissed as withdraWn. stir,- Sdl- 1 Sunil. Kumar Sinha \alief Justice Judge J padma \ Judge