^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants Respondents Non-applicants Misc. Appeal (C) No. 1446 of2008 1. Smt. Mantora Bai w/o late Aaju Ram, aged about 40 years, caste Halba, resident of village Potgaon, tahsil Kanker, district Kanker C.G. 2. Roman Kumar s/o Aaju Ram, aged about 20 years, caste Halba, resident of village Potgaon, tahsil Kanker, district Kanker C.G. VERSUS 1. Sarju Prasad Sao s/o Ram Prasad Sao, aged about 27 years, resident of Pushpak Nagar, Janwani Road, Bhilai, district Durg C.G. (Owner of Tanker No.C.G. 08/B/0369) 2. Ramkhilawan Sahu s/o Bahur Sahu, caste Teli, resident of Chingripara, Panhrosta Supela, Bhilai, district Durg C.G. (Driver of Tanker No.C.G. 08/B/0369) 3. Govind Bhai Patel s/o Daya Bhai Patel, resident of Geeta auto Mobile Ring Road No.2, Bhanpuri, Raipur C.G. (Owner ofTruck No.C.G. 04/G/2541) 4. The National Insurance Company Limited, Branch Office Nurani M.A.(C)No. 1446 of 2008 ^\ Complex Power House Bhilai, district Durg C.G. (Insurer policy No.320904/31/07/ 6700000629) Period from 26.05.2007 to 25.5.2008 (Tanker No.C.G.08/B/0369) 5. The New India Insurance Company Limited,. Branch Office 2nd Floor, R.D.A. Building, Raipur, district RaipurC.G. (Insurer policy No.450301/31/06/01/ 00005859) Period from 13.12.2006 to 12.12.2007 (Vehicle No.C.G.- 04/G/2541) Appeal under Section 173 of the Motor Vehicles Act Present: Shri R.N. Jha, counsel for the appellants. Ms. Farah Minhaz, counsel for respondent No.1. Shri Dashrath Gupta, counsel for respondent No.4. Shri P. Dutta, counsel for respondent No.5. ORDER (10th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Dashrath Gupta, learned counsel for respondent No.4, the National Insurance Company Limited, the insurer of the offending vehicle Tanker has raised a preliminary objection about the maintainability of the claim petition itself,filed by the claimants under Section 163-A of the Motor Vehicles Act^as the income of the deceased pleaded by the claimants was Rs.5,000/- per month i.e. more than Rs.40,000/- per annum. Learned counsel further M.A.(C)No. 1446 of 2008 ^^ nimmi submitted that as the claim petition was not maintainable, the appellants may be directed to refund the amount of compensation paid by the Insurance Company. 2) Shri R.N. Jha, learned counsel for the appellants, in view of the above preliminary objection 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 Motor Accident Claims Tribunal, Kanker vide award dated 16.06.2008, passed in Claim Case No.02/2008. 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