HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. HON’BLE SHRI N.K. AGARWAL, J. Misc.Appeal No. 526 of 2005 Appellant Anup Kumar Nirmalkar, s/o Ramratah, Claimant aged about 32 years, R/o Amatalab, Distt Dhamtari VERSUS Respondents Dhaniram, s/o Parasram Netam, aged Non- applicants about 28 years, r/o Risaipara, Tahsil — Dhamtari, Distt Dhamtari 2 Parasram Netam, s/o Gharbasi Ram Netam (Both residents of village Kukrel PS Arjuni, Distt Dhamtari) United India Insurance Company Ltd., Krishna Complex, Kachehari Chowk, Raipur Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Ms Sharmila Singhai and Shri Sanjay Agrawai, counsel for the appellant. Shri Sunil Sahu, counsel for respondent No.1. Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.3. ORDER (04m November, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Anup Kumar Nirmalkar is‘seeking enhancement of the compensation awarded by the Additional / M.A.. No‘ 526 of 2005 @ Motor Accident Claim Tribunal, Dhamtari vide award dated 27.01 .2005 passed in claim case No.71/2004. 2) Shri Abhishek Sinha and Shri Varun Dubey, learned counsel for respondent No.3 United India Insurance Company Limited, the insurer of the offending vehicle Tractor has raised a preliminary objection on the ground that the claimant was traveling in the Tractor and no extra-premium was paid by the owner of the Tractor for covering the risk of the claimant and as such the appellant may be directed to refund the amount of compensation deposited by the Insurance Company under the impugned award. 3) Ms. Sharmila Singhai and Shri Sanjay Agrawal, learned counsel for the appellant, in view of the submissions of learned counsel for the insurance Company, seek permission to withdraw the appeal itself. subbu 4) Permission granted. 5) The appeal, therefore, is dismissed as withdrawn, ’“T Sd/- Sdl- N.K. Agawal Chief Justice ‘ Judge .é‘tt‘g‘?