^ff^iSM Y v^A^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Misc Appeal (Cl No. 940 of 2009 Budharuram Nishad, aged about 55 years, s/o Halal Khor, by caste Kewat, r/o Bhiravahi Thana, tahsil and distt. Kanker. Respondents Driver and owner Insurer VERSUS Roopendra Jain, aged about 31 years, s/o Phoolchand by caste Kalar, r/o village Kanapond, thana and tahsil Charama, distt. Kanker. The Oriental Insurance Company Umited, Branch Office, Adarsh Bal Mandir, Main Road, Tahsil and Thana Dhamtari. Miscellaneous Appeal under Sectfon 173 of Motor Vehicles Act Present : Shri Parag Kotecha, counsel for the appellant. Shri Somkant Verma, counsel for respondent No.1. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.2. ORDER (12th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Parag Kotecha, learned counsel for the appetlant, in view of the common order dated 04.04.2011, passed in M.A.C. No.639/2010 and other connected appeals whereby the impugned :.^^ /^ 1. 1 I ~i! .^ ^ award dated 23.05.2009 was set aside and the matter was remanded to the Tribunal to consider and decide the claim petitions afresh on merits in the light of the observations made in the order with the liberty to the parties to amend their pleadings, adduce further evidence again in support of their pleadings, seeks permission to withdraw the appeal filed by the appellanVclaimant for enhancement of the compensation with the Hberty of filing another appeal for enhancement, if the future developments so warrant, after passing of the award by the Tribunal after remand of the case. 2) Permission granted. 3) Wrth the above liberty, the appeal is dismissed as withdrawn. Sd/- Chief Jusdce Sd/- R.N. Chandrakar Judge nlmmi