HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal No. 1570f 2004. Appellant Dukalu Ram 8/0 Sri Kali Ram Aged about — 25 years, R/o Village — Lakhagarh, Post Office - Pithora, Tahsil & Distt —'Mahasamund (C.G.) Present Address : Handipara, Nearest — Talab, Raipur, Distt —- Raipur (C.G.) Claimant VERSUS Respondents 1 Pilasagar S/o Sri Baijnath Prasad Mahato, Through : Himmat Road Ways, Ring Road No. 1 , Nearest —- Chanchaia Parts, Tatibandh, Raipur (C.G.) Vehicle Truck No. W.B. — 23/5845. Ajit Sin‘gh Through : Himmat Road Ways, Ring Road No. 1 Near- Chanchala Parts, Tatibandh, Raipur Vehicle Truck No. W.B. — 23/5845, ( Truck Owner) 3. The New India insurance Company imited, Through : Divisional Manager, The New lndia insurance Company Limited, Kachahari Chowk, Jail Road, Raipur (C.G.) Vehicle Truck No. WB 23- 5845 Miscellaneous Appeal under Section 173 of Motor Vehicle Act 1988 Present : Shri S.C. Verma, counsel for the appellant. ORDER (15m July,2oos) s} The following order of the Court was passed by \7 Rajeev Gupta, C.J. o Shri S.C. Verma, learned counsel for the appellant, in View of the fact that the appellant is not responding to his L communication for sending his affidavit in support of the appiication for condonation of the deiay in filing the appeal, seeks permission to withdraw the appeal filed by the appellant for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur, vide award dated 04.03.2003; passed in Claim Case No.69/2002, with the liberty of filing another appeal for enhancement of the compensation as and when the affidavit in support of the delay condonation application is made available by the appellant. 2). Permission granted. 3) With the above liberty, the appeal is dismissed as withdrawn. 4) Registry is directed to return the certified copy of the impugned award to learned counsel for the appellant/ immediately. " ‘ Sdl— ‘ Chief Justice ’ ‘subbu t0 .Sti/u l ” Sunil. Kumar ginha Judge