HIGH COURT OF CHHATTIS6ARH AT KLASRJR Sinale Bench : Hon'ble Shri Dilip Raosaheb Deshmukh. J. A(ClNo.418of200S Appeltant Resoondents SushM Kumar, aged about 43 yeare, son of Shri Kanhayee Lal, resktent <rf vMtage Dhaurai, P.S. Chhote Dongar, Distt. Baslar (CG) versus Mahaveer Jain son of Shri ShanS Lal Jain, aged about 45 years, resident of Narayanpur, Vehicte owner, Distt. Jagdalpur (C.G.) The Orientat Insurance Company Limited, Sadar Bazar Jagdalpur, O^t. Bastar (C.G.) Aooeal under Section 173 of the Motor Vehides Act. 1988 Shri A. N. Bhakta, counsel for theappeNant. Shri Santosh Bharat, counsel for respondent No.1 Shri AB Asgar, counsel for respondent No.2. (Passed on 07th March, 200g) Shri A.N.Bhakta, tearned counsel for the appeflant sought permjssion to wfthdraw this appeal with liberty to flte a tresh applicatfon for grant of compensatfon before the M.A.C.T. wi view of the provisfon contained under Order 9 Rute 4 C.P.C. Learned counsel for the respondents submitted that they would not oppose such apptteatfon on the ground ofctelay. In this view of the matter, the appeal is dismi^ed as wtthdrawn reserving the aforesaid liberty, as prayed. Dilip Raosaheb Deshmukh Judge a^-